Deuteronomy 22 commentary

If we duly regard the golden rule of “doing to others as we would they should do unto us,” many particular precepts might be omitted. We can have no property in any thing that we find. Religion teaches us to be neighbourly, and to be ready to do all good offices to all men. We know not how soon we may have occasion for help.

God's providence extends itself to the smallest affairs, and his precepts do so, that even in them we may be in the fear of the Lord, as we are under his eye and care. Yet the tendency of these laws, which seem little, is such, that being found among the things of God's law, they are to be accounted great things. If we would prove ourselves to be God's people, we must have respect to his will and to his glory, and not to the vain fashions of the world. Even in putting on our garments, as in eating or in drinking, all must be done with a serious regard to preserve our own and others' purity in heart and actions. Our eye should be single, our heart simple, and our behaviour all of a piece.

These and the like regulations might be needful then, and yet it is not necessary that we should curiously examine respecting them. The laws relate to the seventh commandment, laying a restraint upon fleshly lusts which war against the soul.

5. This decree also commends modesty in general, and in it God anticipates the danger, lest women should harden themselves into forgetfulness of modesty, or men should degenerate into effeminacy unworthy of their nature. Garments are not in themselves of so much importance; but as it is disgraceful for men to become effeminate, and also for women to affect manliness in their dress and gestures, propriety and modesty are prescribed, not only for decency’s sake, but lest one kind of liberty should at length lead to something worse. The words of the heathen poet are very true: The quotation is from Juvenal, Sat. 6:252:

“Quem praestare potest mulier galeata pudorem, Quae fugit a sexu.”

The Fr. translation is forcible: “qu’une femme, qui contrefait le gendarme, et fuit son sexe, ne gardera nulle honte.”

“What shame can she, who wears a helmet, show, Her sex deserting?”

Wherefore, decency in the fashion of the clothes is an excellent preservative of modesty.

The Eighth Commandment

Exodus 20

Exodus 20:15

15. Thou shalt not steal.

15. Non furaberis.

THE REPETITION OF THE SAME COMMANDMENT

Deuteronomy 5

Deuteronomy 5:19

19. Neither shalt thou steal.

19. Non furaberis.

Since by this precept God instructed His people in the, law of kindness, it is a Supplement to the Sixth Commandment. Regard was had, indeed, to the preservation of the breed; but, besides, when birds are sitting, as being very lean, it is certain that they are not wholesome food; still there is no question but that it was God’s intention to accustom His people to study humanity. For, if there be one drop of compassion in us, it will never enter into our minds to kill an unhappy little bird, which so burns either with the desire of offspring, or with love towards its little ones, as to be heedless of its life, and to prefer endangering itself to the desertion of its eggs, or its brood. Wherefore, it is not to be doubted but that in this elementary lesson, God prohibited His people from savageness and cruelty.

Exodus 23

Exodus 23:5

5. If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him; thou shalt surely help with him.

5. Si videris asinum inimici tui decumbentem sub onere suo, et cessaveris ab auxiliando ei, auxiliaudo auxiliaberis cum eo.

Deuteronomy 22

Deuteronomy 22:4

4. Thou shalt not see thy brother’s ass or his ox fall down by the way, and hide thyself from them; thou shalt surely help him to lift them up again.

4. Non videbis asinum fratris tui aut boves ejus jacentes in via, et abscondes te ab eis: erigendo eriges cum eo.

This precept also has reference to the preservation of human life. We know that the roofs of the Jewish houses were fiat, so that they might freely walk upon them. If there were no railings round them, a fall would have been fatal; and every house would have often been a house of mourning. God, therefore, commands the edge to be fortified with battlements, or railings, or other inclosure, and accompanies the injunction with a severe denunciation; for He declares that the houses would be defiled with blood, if any one should fall from an uninclosed roof. Now, if guile were thus contracted by mere incautiousness, it hence appears how greatly He abominates deliberate cruelty; and, if it behooved everybody to be thus solicitous as to the lives of their brethren, it shows how criminal it is to injure them purposely and in enmity.

Deuteronomy 24

Deuteronomy 24:7

7. If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die: and thou shalt put evil away from among you.

7. Si quis furatus fuerit animam e fratribus suis e filiis Israel, et vendiderit: morietur vir ille, et auferes malum e medio tui.

Deuteronomy 22:9. Thou shalt not sow thy vineyard. These four precepts, which all condemn strange medleys, I doubt not to be supplements of the First Commandment; and the reason, which is subjoined in Deuteronomy, directs us to this, where God declares that the produce of the seed and of the vineyard is polluted, if there be divers mixtures. Whence it appears that nothing else is demanded but that they should cultivate purity. The word indeed, which Moses uses, means to “sanctify,” קדש kadesh; but, by antiphrasis, it is taken for to “contaminate.” To the same effect is what follows, that they should not plough with an ox and an ass together; for this diversity is forbidden on no other account, but because men contract some defilement as soon as they depart from simplicity. Yet, if any one thinks otherwise, I shall not strongly contend with him. It might indeed be objected, that when God forbids animals to be used promiscuously, so that those of different kinds should not be mixed together, He has regard to chastity, “Au septieme commandement de la Loy, qui est d’observer chastet;” to the Seventh Commandment of the Law, which is to observe chastity. — Fr. and that, by forbidding the fields to be sown with divers seeds, and garments to be woven of divers materials, He would prevent frauds. But the more simple explanation is, that the people were thus retained in purity, lest they should accustom themselves to corrupt habits, and lest they should bring in strange rites from various quarters, or seek, with depraved curiosity, for mixtures which might at length invade the worship of God. For if animals of different species are joined together, the integrity of nature is corrupted, and an adulterine offspring is produced, which degenerates from the institution of God; but, if various kinds of seed should be mixed together, or if a garment should be woven of linen and wool, there would be no danger of deception or fraud in so manifest a matter. It is probable, therefore, that the end which, as I have said, was proposed by God was, that, by cultivating natural and simple habits all their life through, they should keep themselves pure and uncorrupted from every strange vice. On this account Scripture compares strange doctrines to leaven, since by their additions or curtailings they corrupt the pure word of God. (Matthew 16:11.) And this was by no means a useless discipline; when, in trifles, and almost things of nought, the rein was applied to them, so that they should not decline from purity in the very least degree. It was a small matter to interweave a thin thread with a thicker one, and perchance such a process would have been profitable for their general advantage; in some fields, too, a better crop is grown, if the seed is compounded of pure wheat, and some other sort of grain (siligine), as also the union of the horse and ass has been approved of, since thus mules are produced. But God would not allow these things amongst His ancient people, lest, sinking by degrees to greater license, they should at length addict themselves to the practice and customs of the heathen. He therefore uses this preface: “Ye shall keep my statutes,” (Leviticus 19:19;) from whence we gather that the people were surrounded with fixed barriers, lest they should defile themselves with foreign vices, and imitate the nations, from which they had been separated. Wherefore this is the sum, that they should abide in God’s statutes.

Leviticus 19

Leviticus 19:19, 23-25, 27, 28

19. Ye shall keep my statutes. Thou shalt not let thy cattle gender with a diverse kind: thou shalt not sow thy field with mingled seed: neither shall a garment mingled of linen and woollen come upon thee.

19. Statuta mea observabitis. Animal tuum non facies coire cum altero semine. Agrum tuum non seres diverso semine, et vestis contexta ex lana et lino non ascendet super te.

23. And when ye shall come into the land, and shall have planted all manner of trees for food, then ye shall count the fruit thereof as uncircumcised: three years shall it be as uncircumcised unto you: it shall not be eaten of.

23. Quum ingressi fueritis terram, et plantaveritis omnis generis arborem fructiferam, tune praeputia-tum ducetis praeputium ejus, fructum ejus: tribus annis erit vobis incircumcisa: non comedetis ejus fructus.

24. But in the fourth year all the fruit thereof shall he holy to praise the LORD withal.

24. Quarto autem anno erit omnis fructus ejus sanctitas laudum Jehovae.

25. And in the fifth year shall ye eat of the fruit thereof, that it may yield unto you the increase thereof: I am the LORD your God.

25. Anno vero quinto comedetis fructum ejus, ut multiplicet vobis fructum suum. Ego Jehova Deus vester.

27. Ye shall not round the corners of your heads, neither shalt thou mar the corners of thy beard.

27. Non attondebitis cornare ca-pitis vestri in circuitu, nec radetis extrema barbie.

28. Ye shall not make any cuttings in your flesh for the dead, nor print any marks upon you: I am the LORD.

28. Incisionera pro mortuo non facietis in carne vestra, neque sculp-turam notse tacietis in vobis: ego Jellova.

12. This also was a part of, or accessory to, chastity, to have regard to modesty in dress; for since the thighs were then without covering, a door was thus opened to many improprieties, if the upper garments were not closed, and many, as if by accident, would have abused this, if it had been allowed, as an incentive to licentiousness; for we see that many rush into such excesses of lasciviousness, as to glory in their shame. God, therefore, would have the flaps of their gowns thus drawn together by ties or latchets, that not even by chance could those parts be uncovered, which cannot be decently or modestly looked upon. But if divine provisions were made even with respect to their garments, so that the elect people should cultivate decency, and diligently guard against everything immodest, it is abundantly clear that not only were adulteries condemned, but whatever is repugnant to purity and chastity. This passage is improperly referred to the fringes which were sewed to their garments to renew the recollection of the Law, since decency and delicacy are here alone regarded.

13. If any man take a wife. This passage also tends to the exaltation of chastity. God provides against both cases, lest a husband should unjustly bring reproach upon a chaste and innocent young woman, and lest a young woman, having been defiled, should escape punishment, if she pretended to be a virgin. A third object is also to be remarked, viz., that parents were thus admonished to be more careful in watching over their children. This is, indeed, an act of gross brutality, that a husband, wittingly and willingly, should seek a false pretext for divorcing his wife by bringing reproach and infamy upon her; but, since it does not infrequently happen that the libidinous become disgusted with their vices, and then endeavor to rid themselves of them in every way, it was needful to correct this evil, and to prescribe a method whereby the integrity of the woman should be safe from the calumnies of an ungodly and cruel husband; whilst it was also just to give relief to an honest man, lest he should be compelled to cherish in his bosom a harlot, by whom he had been deceived; for it is a very bitter thing to ingenuous minds silently to endure so great an ignominy. An admirable precaution is here laid down, i e., that if a woman were accused by her husband, it was in the power of her parents to produce the tokens of chastity which should acquit her; but if they did not, that the husband should not be obliged against his will to keep her in his house, after she had been defiled by another. It is plain from this passage, that the tokens of virginity were taken on a cloth, on the first night of marriage, as future proofs of chastity. It is also probable that the cloth was laid up before witnesses as a pledge, to be a sure defense for pure and modest young women; for it would have been giving too much scope to the parents if it had been believed simply on their evidence; but Moses speaks briefly as of a well-known custom.

18. And the elders of that city shall take that man. Calumny in this case received a threefold punishment; first, that he, who had invented the false accusation, should be beaten with stripes; secondly, that he should pay an hundred pieces of silver to the father of the girl; thirdly, that he should never be allowed to put her away; and tie reason is given, “because he hath brought up an evil name upon a virgin of Israel.” God here shows Himself to be the protector of virgins, that young women may be the more encouraged to cultivate chastity. If any should object that it was a bad provision for the unhappy woman that she should be subjected for ever to tyrannical rule, I reply, that this was done because there was no means for her release; for although, as we shall presently see, men were permitted to obtain a divorce from their wives, still it was neither just nor right to overthrow God’s earliest institution. Besides, it was necessary to obviate the trick of the husband who would have gloried in her divorce, as having gained what he desired.

20. But if this thing be true. If the punishment should seem to anybody to be somewhat too severe, let him reflect that no kind of fraud is more intolerable. A false sale of a field or a house shall be accounted a crime, as also the utterance of false money; and, therefore, she who abuses the sacred name of marriage for deception, and offers an unchaste body instead of a chaste one, much less deserves to be pardoned. The cause of severity, however, which is expressly mentioned, is much more extensive, i e., because she hath wrought wickedness, or filthiness in Israel. The translation which some. give, folly, is poor; for although the word. is derived from נבל, nabal, it still means something more atrocious than folly; just as Simeon and Levi, in excuse for their slaughter of the Shechemites, call the defilement of their sister “Folly, that which is contrary to sound reason, wickedness.” — Simon’s Heb. Lex. — W. Taylor, in his Concordance, says, “Folly, rather vice:, villany, or what can be supposed in bad morals to be answerable to sapless, withered flowers, leaves, or fruit. Genesis 34:7; Joshua 7:15; Judges 19:23, 24.” נבלה, nebalah, that is, filthiness in Israel. (Genesis 34:7.) Whence it appears once more how greatly acceptable to God is chastity.

Deuteronomy 24

Deuteronomy 24:1-4

1. When a man hath taken a wife, and married her, and it come to pass that she find no favor in his eyes, because he hath found some uncleanness in her; then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.

1. Si acceperit quis uxorem, et coierit cum ea, non autem invenerit gratiam in oculis ejus, eo quod invenerit in ea maculam aliquam, et seripserit ei libellum repudii, ac tradiderit in manum ejus, et emiserit e domo sua:

2. And when she is departed out of his house, she may go and be another man’s wife

2. Illa vero egressa e domo ejus, abierit, et nupserit alteri viro:

3. And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife;

3. Vir deinde hic posterior oderit eam, et scripserit libellum divortii, tradideritque in manum ejus, et emiserit e domo sua, aut si vir iste posterior mortuus fuerit qui sumpserit eam sibi uxorem:

4. Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the Lord: and thou shalt not cause the land to sin, which the Lord thy God giveth thee. for an inheritance.

4. Non poterit maritus ejus prior, quia eam a se demisit, reverti, et ducere eam sibi uxorem, posteaquam polluta est: quia abominatio est coram facie Jehovae: et non inquinabis peccato terram quam Jehova Deus tuus tradet tibi in haereditatem.

Deuteronomy 22:22. If a man be found lying with. A Political Supplement, whereby it appears how greatly God abominates adultery, since He denounces capital punishment against it. And assuredly, since marriage is a covenant consecrated by God, its profanation is in no wise tolerable; and conjugal faith should be held too sacred to be violated with impunity, whilst it is an act of horrible perfidiousness to snatch from a man’s bosom the wife who is as his very life, or at any rate half of himself. Wherefore, also, the Prophet ignominiously compares adulterers to neighing horses, (Jeremiah 5:8;) for where such lasciviousness prevails, men degenerate, as it were, into beasts. Another reason is, however, here referred to; for, if a man had broken faith with his wife by having connection with a harlot, it was not a capital offense; but if any man, though a bachelor, had committed adultery with the wife of another, (he was to die, Added from Fr. ) because both the husband is grossly injured, and the dishonor descends to the offspring, and all adulterine race is substituted in place of the legitimate one, whilst the inheritance is transferred to strangers, and thus bastards unlawfully possess themselves of the family name. This cause impelled the Gentiles, even before the Law, to punish adultery with severity, as clearly appears from the history of Judah and Tamar. (Genesis 38:14.) Nay, by the universal law of the Gentiles, the punishment of death was always awarded to adultery; wherefore it is all the baser and more shameful in Christians not to imitate at least the heathen. Adultery is punished no less severely by the Julian law See Plin., Ep. 6:13. than by that of God; whilst those who boast themselves of the Christian name are so tender and remiss, that they visit this execrable offense with a very light reproof. And lest they should abrogate God’s law without a pretext, they allege the example of Christ, who dismissed the woman taken in adultery, whereas she ought to have been stoned; just as He withdrew Himself into a mountain that He might not be made a king by the multitude. (John 8:11, and 6:15.) For if we consider what the office was which the Father delegated to His only-begotten Son, we shall not be surprised that He was content with the limits of His vocation, and did not discharge the duties of a Judge. But those who have been invested with the sword for the correction of crime, have absurdly imitated His example, and thus their relaxation of the penalty has flowed from gross ignorance.

Although the disloyalty of husband and wife are not punished alike by human tribunals, still, since they are under mutual obligation to each other, God will take vengeance on them both; and hence the declaration of Paul takes effect before the judgment-seat of God, Let not married persons defraud one another; for the wife hath not power of her own body, nor the husband of his. (1 Corinthians 7:4, 5.)

23. If a damsel that is a virgin be betrothed. The severity of the punishment is now extended further, and a betrothed woman is counted as a wife; and this for a very good reason, because she has plighted her troth, and it is a token of abandoned incontinency for the mind of a woman to be so alienated from the man to whom she is betrothed, as to prostitute her virginity to another’s embraces. But since one who has been ravished is not criminal, a woman is absolved if she be forced in a field, because it is probable that she yielded unwillingly, inasmuch as she was far from assistance. Although, however, the terms are accommodated to the comprehension of a rude people, it was the intention of God to distinguish force from consent. Thus if a girl had been forced in a retired part of a building, from whence her cries could not be heard, God would undoubtedly have her acquitted, provided she could prove her innocence by satisfactory testimony and conjecture.

Leviticus 19

Leviticus 19:20-22

20. And whosoever lieth carnally with a woman that is a bond-maid, betrothed to an husband, and not at all redeemed, nor freedom given her; she shall be scourged: they shall not be put to death, because she was not free.

20. Vir si coierit cum muliere coitu seminis quae fuerit ancilla desponsata viro, nec redimendo redempta fuerit, nec fuerit manumissa, vapulatio erit: non morientur, quia non est libertate donata.

21. And he shall bring his trespass-offering unto the Lord, unto the door of the tabernacle of the congregation, even a ram for a trespass-offering.

21. Adducet autem oblationem, pro delicto suo Jehovae ad ostium tabernaculi conventionis, arietem pro delicto.

22. And the priest shall make au atonement for him with the ram of the trespass-offering before the Lord, for his sin which he hath done; and the sin which he hath done shall be forgiven him.

22. Et expiabit eum sacerdos per arietem pro delicto coram Jehova, propter peccatum suum quod peccavit: et remittet ei peccatum suum quod peccavit.

30. A man shall not take his father’s wife. Since Moses does not here refer to any other kinds of incest, but speaks only of that with a step-mother, it is probable that, what he had more fully set forth before he here briefly recalled to the minds of the Israelites under a single head. At any rate, the prohibition of one offense does not open the gate to other abominations. The expression which he adds, “nor discover his father’s skirt,” is as much as to say, that the father is exposed to shame when the step-son has; no regard to decency, and goes in to his step-mother. Perhaps he alludes to the sin of Ham, who betrayed his ungodliness by exposing the shame of his father. (Genesis 9:22.)

These Supplements are Judicial Omitted in the French; and the ensuing verses considered under the “Political Supplements” of the Commandment.

Leviticus 20

Leviticus 20:11, 12, 14, 17, 19-24

11. And the man that lieth with his father’s wife hath uncovered his father’s nakedness: both of them shall surely be put to death; their blood shall be upon them.

11. Quicunque concubuerit cum uxore patris sui, turpitudinem patris sui revelavit: moriendo morientur ambo, sanguis eorum super eos.

12. And if a man lie with his daughter-in-law, both of them shall surely be put to death: they have wrought confusion; their blood shall be upon them.

12. Vir qui coierit cum nuru sua, moriendo morientur ambo: flagitium admiserunt, sanguis eorum super eos.

14. And if a man take a wife and her mother, it is wickedness: they shall be burnt with fire, both he and they; that there be no wickedness among you.

14. Qui acceperit mulierem et matrem ejus, scelus est: igni comburent illum et illas, ne sit scelus in medio vestri.

17. And if a man shall take his sister, his father’s daughter, or his mother’s daughter, and see her nakedness, and she see his nakedness; it is a wicked thing; and they shall be cut off ill the sight of their people: he hath uncovered his sister’s nakedness; he shall bear his iniquity.

17. Quisquis acceperit sororem suam filiam patris sui, vel filiam matris suae, et viderit turpitudinem ejus, ipsaque viderit turpitudinem illius, foeditas est: propterea succindentur ambo coram oculis populi sui: turpitudinem sororis suae revelavit, iniquitatem suam feret.

19. And thou shalt not uncover the nakedness of thy mother’s sister, nor of thy father’s sister; for he uncovereth his near kin: they shall bear their iniquity.

19. Turpitudinem sororis matris tuae et sororis patris tui, non discooperies: quia propinquam suam nudavit, iniquitatem suam portabunt.

20. And if a man shall lie with his uncle’s wife, he hath uncovered his uncle’s nakedness: they shall bear their sin; they shall die childless.

20. Quisquis dormierit cum uxore fratris patris sui, turpitudinem fratris patris sui revelavit, iniquitatem suam portabunt, orbati morientur.

21. And if a man shall take his brother’s wife, it is an unclean thing; he hath uncovered his brother’s nakedness: they shall be childless.

21. Qui acceperit uxorem fratris sui, opprobrium est, turpitudinem fratris sui revelavit, orbati erunt.

22. Ye shall therefore keep all my statutes, and all my judgments, and do them; that the land, whither I bring you to dwell therein, spew you not out.

22. Custodite itaque omnia statuta mea, et omnia judicia, et facite ea, ut non evomat vos terra in quam ego introduco vos ut illic habitetis.

23. And ye shall not walk in the manners of the nations which I cast out before you: for they committed all these things, and therefore I abhorred them.

23. Neque ambuletis in statutis gentis quam ego ejiciam a facie vestra: omnia enim ista fecerunt, et detestatus sum eas.

24. But I have said unto you, Ye shall inherit their land, and I will give it unto you to possess it, a land that floweth with milk and honey: I am the Lord your God, which have separated you from other people.

24. Vobis autem dixi, Possidebitis terram eorum, quam ego daturus sum vobis ut haereditate eam possideatis terram fluentem lacte et melle: ego Jehova Deus vester qui separavi vos a populis.

CHAPTER 22

De 22:1-4. Of Humanity toward Brethren.

1. Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them, &c.--"Brother" is a term of extensive application, comprehending persons of every description; not a relative, neighbor, or fellow countryman only, but any human being, known or unknown, a foreigner, and even an enemy (Ex 23:4). The duty inculcated is an act of common justice and charity, which, while it was taught by the law of nature, was more clearly and forcibly enjoined in the law delivered by God to His people. Indifference or dissimulation in the circumstances supposed would not only be cruelty to the dumb animals, but a violation of the common rights of humanity; and therefore the dictates of natural feeling, and still more the authority of the divine law, enjoined that the lost or missing property of another should be taken care of by the finder, till a proper opportunity occurred of restoring it to the owner.

De 22:5-12. The Sex to Be Distinguished by Apparel.

5. The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment--Though disguises were assumed at certain times in heathen temples, it is probable that a reference was made to unbecoming levities practised in common life. They were properly forbidden; for the adoption of the habiliments of the one sex by the other is an outrage on decency, obliterates the distinctions of nature by fostering softness and effeminacy in the man, impudence and boldness in the woman as well as levity and hypocrisy in both; and, in short, it opens the door to an influx of so many evils that all who wear the dress of another sex are pronounced "an abomination unto the Lord."

6-7. If a bird's nest chance to be before thee--This is a beautiful instance of the humanizing spirit of the Mosaic law, in checking a tendency to wanton destructiveness and encouraging a spirit of kind and compassionate tenderness to the tiniest creatures. But there was wisdom as well as humanity in the precept; for, as birds are well known to serve important uses in the economy of nature, the extirpation of a species, whether of edible or ravenous birds, must in any country be productive of serious evils. But Palestine, in particular, was situated in a climate which produced poisonous snakes and scorpions; and the deserts and mountains would have been overrun with them as well as immense swarms of flies, locusts, mice, and vermin of various kinds if the birds which fed upon them were extirpated [Michaelis]. Accordingly, the counsel given in this passage was wise as well as humane, to leave the hen undisturbed for the propagation of the species, while the taking of the brood occasionally was permitted as a check to too rapid an increase.

8. thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence--The tops of houses in ancient Judea, as in the East still, were flat, being composed of branches or twigs laid across large beams, and covered with a cement of clay or strong plaster. They were surrounded by a parapet breast high. In summer the roof is a favorite resort for coolness, and accidents would frequently happen from persons incautiously approaching the edge and falling into the street or court; hence it was a wise and prudent precaution in the Jewish legislator to provide that a stone balustrade or timber railing round the roof should form an essential part of every new house.

9. Thou shalt not sow thy vineyard with divers seeds--(See on Le 19:19).

10. Thou shalt not plough with an ox and an ass together--Whether this association, like the mixture of seeds, had been dictated by superstitious motives and the prohibition was symbolical, designed to teach a moral lesson (2Co 6:14), may or may not have been the case. But the prohibition prevented a great inhumanity still occasionally practised by the poorer sort in Oriental countries. An ox and ass, being of different species and of very different characters, cannot associate comfortably, nor unite cheerfully in drawing a plough or a wagon. The ass being much smaller and his step shorter, there would be an unequal and irregular draft. Besides, the ass, from feeding on coarse and poisonous weeds, has a fetid breath, which its yoke fellow seeks to avoid, not only as poisonous and offensive, but producing leanness, or, if long continued, death; and hence, it has been observed always to hold away its head from the ass and to pull only with one shoulder.

11. thou shalt not wear a garment of divers sorts--The essence of the crime (Zep 1:8) consisted, not in wearing a woollen and a linen robe, but in the two stuffs being woven together, according to a favorite superstition of ancient idolaters (see on Le 19:19).

12. thou shalt make thee fringes upon the four quarters--or, according to some eminent biblical interpreters, tassels on the coverlet of the bed. The precept is not the same as Nu 15:38.

13-30. If a man take a wife, &c.--The regulations that follow might be imperatively needful in the then situation of the Israelites; and yet, it is not necessary that we should curiously and impertinently inquire into them. So far was it from being unworthy of God to leave such things upon record, that the enactments must heighten our admiration of His wisdom and goodness in the management of a people so perverse and so given to irregular passions. Nor is it a better argument that the Scriptures were not written by inspiration of God to object that this passage, and others of a like nature, tend to corrupt the imagination and will be abused by evil-disposed readers, than it is to say that the sun was not created by God, because its light may be abused by wicked men as an assistant in committing crimes which they have meditated [Horne].

Thou shalt not see thy brother's ox or his sheep go astray - The same humane, merciful, and wise regulations which we met with before, Exo 23:4, Exo 23:5, well calculated to keep in remembrance the second grand branch of the law of God, Thou shalt love thy neighbor as thyself. A humane man cannot bear to see even an ass fall under his burden, and not endeavor to relieve him; and a man who loves his neighbor as himself cannot see his property in danger without endeavoring to preserve it. These comparatively small matters were tests and proofs of matters great in themselves, and in their consequences. See the note on Exo 23:4.

Thou mayest not hide thyself - Thou shalt not keep out of the way of affording help, nor pretend thou didst not see occasion to render thy neighbor any service. The priest and the Levite, when they saw the wounded man, passed by on the other side of the way, Luk 10:31, Luk 10:32. This was a notorious breach of the merciful law mentioned above.

The woman shall not wear that which pertaineth unto a man - כלי גבר keli geber, the instruments or arms of a man. As the word גבר geber is here used, which properly signifies a strong man or man of war, it is very probable that armor is here intended; especially as we know that in the worship of Venus, to which that of Astarte or Ashtaroth among the Canaanites bore a striking resemblance, the women were accustomed to appear in armor before her. It certainly cannot mean a simple change in dress, whereby the men might pass for women, and vice versa. This would have been impossible in those countries where the dress of the sexes had but little to distinguish it, and where every man wore a long beard. It is, however, a very good general precept understood literally, and applies particularly to those countries where the dress alone distinguishes between the male and the female. The close-shaved gentleman may at any time appear like a woman in the female dress, and the woman appear as a man in the male's attire. Were this to be tolerated in society, it would produce the greatest confusion. Clodius, who dressed himself like a woman that he might mingle with the Roman ladies in the feast of the Bona Dea, was universally execrated.

Thou shalt - let the dam go, and take the young to thee; that it may be well with thee - This passage may be understood literally. If they destroyed both young and old, must not the breed soon fail, and would it not in the end be ill with them; and by thus cutting off the means of their continual support, must not their days be shortened on the land? But we may look for a humane precept in this law. The young never knew the sweets of liberty; the dam did: they might be taken and used for any lawful purpose, but the dam must not be brought into a state of captivity. They who can act otherwise must be either very inconsiderate or devoid of feeling; and such persons can never be objects of God's peculiar care and attention, and therefore need not expect that it shall be well with them, or that they shall prolong their days on the earth. Every thing contrary to the spirit of mercy and kindness the ever blessed God has in utter abhorrence. And we should remember a fact, that he who can exercise cruelty towards a sparrow or a wren, will, when circumstances are favorable, be cruel to his fellow creatures. The poet Phocylides has a maxim in his admonitory poem very similar to that in the sacred text: - Μηδε τις ορυιθας καλιης ἁμα παντας ἑλεσθω· Μητερα δ' εκπρολιπῃς, ἱν' εχῃς παλι τησδε νεοττους.

Phocyl. Ποιημα Νουθετ., ver. 80. "Nor from a nest take all the birds away;

The mother spare, she'll breed a future day."

A battlement for thy roof - Houses in the East are in general built with flat roofs, and on them men walk to enjoy the fresh air, converse together, sleep, etc.; it was therefore necessary to have a sort of battlement or balustrade to prevent persons from falling off. If a man neglected to make a sufficient defense against such accidents, and the death of another was occasioned by it, the owner of the house must be considered in the light of a murderer.

Divers seeds - See the note on Lev 19:19.

Thou shalt not plough with an ox and an ass - It is generally supposed that mixtures of different sorts in seed, breed, etc., were employed for superstitious purposes, and therefore prohibited in this law. It is more likely, however, that there was a physical reason for this; two beasts of a different species cannot associate comfortably together, and on this ground never pull pleasantly either in cart or plough; and every farmer knows that it is of considerable consequence to the comfort of the cattle to put those together that have an affection for each other. This may be very frequently remarked in certain cattle, which, on this account, are termed true yoke-fellows. After all, it is very probable that the general design was to prevent improper alliances in civil and religious life. And to this St. Paul seems evidently to refer, 2Cor 6:14 : Be ye not unequally yoked with unbelievers; which is simply to be understood as prohibiting all intercourse between Christians and idolaters in social, matrimonial, and religious life. And to teach the Jews the propriety of this, a variety of precepts relative to improper and heterogeneous mixtures were interspersed through their law, so that in civil and domestic life they might have them ever before their eyes.

Fringes - See on Num 15:38 (note).

Tokens of the damsel's virginity - This was a perfectly possible case in all places where girls were married at ten, twelve, and fourteen years of age, which is frequent in the East. I have known several instances of persons having had two or three children at separate births before they were fourteen years of age. Such tokens, therefore, as the text speaks of, must be infallibly exhibited by females so very young on the consummation of their marriage.

They shall spread the cloth, etc. - A usage of this kind argues a roughness of manners which would ill comport with the refinement of European ideas on so delicate a subject. Attempts have been made to show that the law here is to be understood metaphorically; but they so perfectly fail to establish any thing like probability, that it would be wasting my own and my reader's time to detail them. A custom similar to that above is observed among the Mohammedans to the present day.

Shall both of them die - Thus we find that in the most ancient of all laws adultery was punished with death in both the parties.

And the man force her - A rape also, by these ancient institutions, was punished with death, because a woman's honor was considered equally as precious as her life; therefore the same punishment was inflicted on the ravisher as upon the murderer. This offense is considered in the same point of view in the British laws, and by them also it is punished with death.

A man shall not take his father's wife - This is to be understood as referring to the case of a stepmother. A man in his old age may have married a young wife, and on his dying, his son by a former wife may desire to espouse her: this the law prohibits. It was probably on pretense of having broken this law, that Solomon put his brother Adonijah to death, because he had desired to have his father's concubine to wife, 1Kgs 2:13-25.

Thy brother's - Any man's. Thou shalt not hide thyself - Dissemble or pretend that thou dost not see them; or pass them by as if thou hadst not seen them.

To thine own house - To be used like thine own cattle.

Hide thyself - Dissemble that thou hast found it. Or, hide it, that is, conceal the thing lost.

Shall not wear - Namely, ordinarily or unnecessarily, for in some cases this may be lawful, as to make an escape for one's life. Now this is forbidden, both for decency sake, that men might not confound those sexes which God hath distinguished, that all appearance of evil might be avoided, such change of garments carrying a manifest sign of effeminacy in the man, of arrogance in the woman, of lightness and petulancy in both; and also to cut off all suspicions and occasions of evil, which this practice opens a wide door to.

Let the dam go - Partly for the bird's sake, which suffered enough by the loss of its young; for God would not have cruelty exercised towards the brute creatures: and partly for mens sake, to refrain their greediness, that, they should not monopolize all to themselves, but leave the hopes of a future seed for others.

A battlement - A fence or breastwork, because the roofs of their houses were made flat, that men might walk on them. Blood - The guilt of blood, by a man's fall from the top of thy house, thro' thy neglect of this necessary provision. The Jew's say, that by the equity of this law, they are obliged, and so are we, to fence or remove every thing, whereby life may he endangered, as wells, or bridges, lest if any perish thro' our omission, their blood be required at our hand.

Divers seeds - Either With divers kinds of seed mixed and sowed together between the rows of vines in thy vineyard: which was forbidden to be done in the field, Lev 19:19, and here, in the vineyard. Or, With any kind of seed differing from that of the vine, which would produce either herbs, or corn, or fruit - bearing trees, whose fruit might be mingled with the fruit of the vines. Now this and the following precepts, tho' in themselves small and trivial, are given, according to that time and state of the church, for instructions in greater matters, and particularly to commend to them simplicity in all their carriage towards God and man, and to forbid all mixture of their inventions with God's institutions in doctrine or worship. Defiled - Legally and morally, as being prohibited by God's law, and therefore made unclean; as on the contrary, things are sanctified by God's word, allowing and approving them, 1Tim 4:5.

An ox and an ass - Because the one was a clean beast, the other unclean whereby God would teach men to avoid polluting themselves by the touch of unclean persons or things.

Fringes - Or laces, or strings, partly to bring the commands of God to their remembrance, as it is expressed, Num 15:38, and partly is a public profession of their nation and religion, whereby they might be distinguished from strangers, that so they might be more circumspect to behave as became the people of God, and that they should own their religion before all the world. Thou coverest thyself - These words seem restrictive to the upper garment wherewith the rest were covered.

If any man take a wife - And afterward falsely accuse her - What the meaning of that evidence is, by which the accusation was proved false, the learned are not agreed. Nor is it necessary for us to know: they for whom this law was intended, undoubtedly understood it.

The father - Because this was a reproach to his family, and to himself, as such a miscarriage of his daughter would have been ascribed to his evil education.

She cried not - And therefore is justly presumed to have consented to it.

Even so - Not an act of choice, but of force and constraint.

The damsel cried - Which is in that case to be presumed; charity obliging us to believe the best, 'till the contrary be manifest.

Fifty shekels - Besides the dowry, as Philo, the learned Jew notes, which is here omitted, because that was customary, it being sufficient here to mention what was peculiar to this case. His wife - If her father consented to it.

Take - To wife. So this respects the state, and the next branch speaks of the act only.

1 THou shalt not see thy brothers ox, or his sheep go astray, and hide thy self from them : thou shalt in any case bring them again unto thy brother.

So called by communion not of Religion, but of nature, as having one Father, even God, Mal: 2. 10. as appears 1. Because the same Law is given about their Enemies ox, &c. Exod. 23. 4. 2. Because else the obligation of this law had been uncertain, seeing men could not ordinarily tell whether the straying Ox or Sheep belonged to a Iew or to a stranger. 3. Because this was a duty of common justice and charity, which the Law of Nature taught even Heathens, and it is absurd to think that the Law of God delivered to the Iews should have less charity in it than the law of nature given to the Gentiles.

(i. e.) Dissemble or pretend that thou dost not see them, or neglect and pass them by as if thou hadst not seen them.

Marginal references: Exod. 23. 4.

2 And if thy brother be not nigh unto thee , or if thou know him not , then thou shalt bring it unto thine own house , and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again .

Which may make the duty more troublesome or chargeable.

Which implies, that if they did know the owner, they should restore it to him.

To be used like thine own Cattel.

The owner, as it may be presumed, paying the charges.

3 In like manner shalt thou do with his ass, and so shalt thou do with his raiment, and with all lost things of thy brothers, which he hath lost, and thou hast found, shalt thou do likewise; thou mayest not hide thy self .

(i. e.) Dissemble that thou hast found it. Or, hide it, i. e. conceal the thing lost.

4 Thou shalt not see thy brothers ass, or his ox fall down by the way, and hide thy self from them: thou shalt surely help him to lift them up again.

(i. e.) Thy Brother, the owner. Compare Exod. 23. 5.

5 The woman shall not wear that which pertaineth unto a man, neither shall a man put on a womans garment : for all that do so, are abomination unto the LORD thy God.

To wit, ordinarily or unnecessarily, for in some cases this may be lawful, as to make an escape for ones life. Now this is forbidden, partly for decency sake, that men might not confound, nor seem to confound those [illegible: 1 word] which God hath distinguished, that all appearance of evil might be avoided, such change of garments carrying a manifest umbrage or sign of softness and effeminacy in the man, of arrogance and impudency in the woman, of lightness and petulancy in both; and partly to cut off all suspicions and occasions of evil, which this practice opens a wide door unto.

7 But thou shalt in any wise let the dam go , and take the young to thee, that it may be well with thee, and that thou mayest prolong thy dayes.

Partly for the Birds sake, which suffered enough by the loss of its young; for God would not have cruelty exercised towards the brute Creatures: and partly for mens sake to restrain their greediness and covetousness that they should not monopolize all to themselves, but might leave the hopes of a future seed for others.

8 When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence.

(i. e.) A fence or breastwork, because the roofs of their houses were made flat or plain, that men might walk on them See Iudg. 16. 27. 1 Sam. 9. 25. 2 Sam. 11. 2. Neh. 8. 16. Mat. 10. 27.

(i. e.) The guilt of blood, by a mans fall from the top of thy house, through thy neglect of this necessary provision.

9 Thou shalt not sow thy vineyard with divers seeds : lest the fruit of thy seed which thou hast sown, and the fruit of thy vineyard be defiled .

Either 1. With divers kinds of seeds mixed and sowed together between the rows of Vines in thy Vineyard: which was forbidden to be done in the Field, Levit. 19. 19. and here, in the Vineyard. Or 2. With any kind of seed differing from that of the Vine, which would produce either Herbs, or Corn, or Fruit-bearing-Trees, whose Fruit might be mingled with the Fruit of the Vines. Now this and the two following precepts, though in themselves small and trivial, are given, according to that time and state of the Church, for documents or instructions in greater matters, and particularly to commend to them simplicity and sincerity in all their carriages towards God and Men, and to forbid all mixture of their Inventions with Gods Institutions in Doctrine or Worship.

Heb. The fulness of thy seed, i. e. that seed when it is ripe and full. See Exod. 22. 29. Numb. 18. 27.

Either 1 Naturally, corrupted or marred, whilest one seed draws away the fat and nourishment of the Earth from the other, and so both are starved and spoiled. Or rather 2. Legally and Morally, as being prohibited by Gods Law, and thereby made unclean; as on the contrary, things are sanctifyed by Gods word, allowing and approving them, 1 Tim. 4. 5. Heb. be sanctified, or, be as a sanctified thing, by an Ellipsis of the particle, as, i. e. unlawful for the owners use, as things sanctified were. Or, sanctifying is put for polluting, by a figure called Euphemismus, which is frequent in Scripture, as when blessing is put for [illegible: 1+ letters]rsing, as Iob 2. 9. and in other Authors, as when they use sacred for execrable.

Marginal references: Lev. [illegible: 1 word] ▪; He[illegible: 1+ letters] [illegible: 1 word] [illegible: 1 word] [illegible: 1 word] ▪

10 Thou shalt not plow with an ox and an ass together .

Either 1. Because the one was a clean beast, the other unclean; whereby God would teach men to avoid polluting themselves by the touch of unclean persons or things, 2 Cor. 6. 14. Or, 2. Because of their unequal strength, whereby the weaker, the ass, would be oppressed and over-wrought. Or 3. For mystical reasons, of which see on v. 8. and Levit. 19. 19.

12 Thou shalt make thee fringes upon the four quarters of thy vesture, wherewith thou coverest thy self .

Or Laces, or Strings, partly to bring the commands of God to their remembrance, as it is expressed▪ Numb. 15. 38. and partly as a publick profession of their Nation and Religion, whereby they might be discerned and distinguished from strangers, that so they might be more circumspect to behave themselves as became the people of God, and that they should not be ashamed to own their God and Religion before all the World.

These words are either restrictive to the upper Garment wherewith the rest were covered; or argumentative, why they should use these things, because herewith they might possibly fasten their Garments, and prevent the uncovering themselves, as might easily happen, when they wore no breeches, but onely loose Garments.

Marginal references: [illegible: 1 word]; H[illegible: 1+ letters] [illegible: 1 word]

13 If any man take a wife, and go in unto her , and hate her,

(i. e.) Hath had carnal knowledge of her.

14 And give occasions of speech against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her, I found her not a maid;

Heb. of words, i. e. of discourses or diffamations.

15 Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsels virginity , unto the elders of the city, in the gate.

(i. e.) The linnen cloth or sheet, as is expressed v. 17. which in the first congress was infected with blood, as is natural and usual. But because this is not now constant, the enemies of Scripture take occasion to quarrel with this Law, as unreasonable and unjust, and such as might oppress the innocent, and hence take occasion to reject the Holy Scriptures. It were much more reasonable for these men either to expound this place metaphorically of producing those proofs and testimonies of her virginity which should be as satisfactory as if that cloth were produced, as some of the Iews understand it, or modestly to acknowledge their own Ignorance in this, as they are forced to do in many other things, and not impudently to conclude it is insoluble, because they cannot resolve it. But there is no need of such general answers, many things may be particularly said for the vindication of this [illegible: 1+ letters]w. 1. That it was necessary for that people, because of their hard-heartedness towards their Wives, and their levity and desire of change of Wives. 2. That either this tryal, or at least the proof of her Virginity, was to be taken presently after the day of marriage, and that proof was to be admitted afterwards upon occasion. 3. That this Law was seldom or never put in execution, as the Iews note, and seems to be made for terrour and caution to Husbands and Wives, as many other Laws have been in like cases, 4. That that God who gave this Law, did by his Providence govern all Affairs, and rule the Tongues and Hearts of Men, and therefore would doubtless take care so to order matters that the innocent should not suffer by this means, which he could prevent many wayes. 5. That there is a great difference in times and climates. Who knows not that there are many things now by our Moderns thought uncertain or false, which by the Antient Physitians were thought and affirmed to be true and certain in their times and Countreys, and that many signs of Diseases and other things do generally hold true in those more Southernly and warmer parts of the World which are many times deceitful in our Northern and colder Climates? 6. That this very way of tryal of Virginity hath been used not onely by the Iews, but also by the Arabians and Egyptians, as is affirmed by divers Learned Writers, among whom yet it was more doubtful and hazardous than among the Iews, who might promise to themselves that God would guide the execution of his own Law to a just and good issue. 7. That this sign if it were uncertain in persons of riper years, yet it may be reasonably thought certain and constant in Virgins of young and tender age, and that the Jews did ordinarily marry their Daughters when they were about 12 or 13 years old, as is confessed, as making haste to roll away that reproach which they thought to be in an unmarried state.

18 And the elders of that city shall take that man, and chastise him .

Either 1. By the following mu[illegible: 1+ letters]ct. Or, 2. By severe reproofs, which that word oft signifies. Or, 3. By stripes, as is expressed, Deut. 25. 2, 3. Which is not strange, considering how pretious a thing ones good Name is, of which he endeavoured to deprive his Wife.

19 And they shall amerce him in an hundred shekels of silver, and give them unto the father of the damsel because he hath brought up an evil name upon a virgin of Israel: and she shall be his wife, he may not put her away all his dayes .

Because this was a reproach to his family, and to himself, because such a miscarriage of his Daughters would have been ascribed to his evil education.

Which seems to have been his design in this false accusation, and therefore that liberty of a divorce which is permitted to others, Deut. 24. 1. shall be denied to him.

21 Then they shall bring out the damsel to the door of her fathers house, and the men of her city shall stone her with stones, that she die , because she hath wrought folly in Israel, to play the whore in her fathers house: so shalt thou put evil away from among you.

Qu. Why should she die when her crime was onely Fornication, which was not punished in a woman with death, Exod. 22. 16, 17? Answ. Because there was not onely Fornication in this case, as Exod. 22▪ but this was accompanyed with deep dissimulation and injury to her Husband in the false profession of Virginity, and it might be presumed that she committed this folly after she was betrothed to him, and therefore so obstinately denyed it, as knowing the danger of it in that case; Or God ordered it thus for the honour and custody of the matrimonial bed from all defilement, that she, who being defiled before she was married or betrothed, and therefore not punishable by death, yet if she should presume to carry her defilement into the married estate with a pretence of Virginity, she should then be put to death.

Marginal references: Chap. 13. 5.

22 If a man be found lying with a woman marryed to an husband, then they shall both of them die: both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel.

If he be convicted of this fault, though not taken in the very act.

Marginal references: Lev. 20. 10.

23 If a damsel that is a virgin be betrothed unto an husband , and a man find her in the city, and lie with her:

For by this betrothing she had actually engaged her self to another man, and was in some sort his Wife, and therefore is sometimes so called, as Gen. 29. 21. Mat. 1. 20.

24 Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones, that they die: the damsel because she cried not , being in the city: and the man because he hath humbled his neighbors wife: so thou shalt put away evil from among you.

And therefore is justly presumed to have consented to it.

25 But if a man find a betrothed damsel in the field, and the man force her , and lie with her: then the man onely that lay with her shall die.

Which was to be examined and determined by the consideration of all the circumstances.

Marginal references: Or, take strong [illegible: 1+ letters]old of he[illegible: 1+ letters].

26 But unto the damsel thou shalt do nothing, there is in the damsel no sin worthy of death: for as when a man riseth against his neighbour and slayeth him, even so is this matter .

Not an act of choice, but of force and constraint.

27 For he found her in the field, and the betrothed damsel cried , and there was none to save her.

Which is in that case to be presumed, charity obliging us to believe the best till the contrary be manifest.

28 If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her , and lie with her, and they be found:

(i. e.) An unmarried man, as appears, 1. From his obligation to marry the person he abused, which it is not probable would have been imposed upon him. 2. Because if the man had been married, this had been adultery, and so had been punished with death.

Which notes some kind of force or artifice whereby she was overpowred, whereas Exod. 22. 16. she was enticed, which implies consent, and therefore the man doth here receive a greater punishment, because he used hostile violence towards her, which was the greater sin.

Marginal references: Exod. 22. 16.

29 Then the man that lay with her shall give unto the damsels father fifty shekels of silver , and she shall be his wife , because he hath humbled her: he may not put her away all his dayes .

Besides the dowry, as Philo the Learned Iew notes, which is here omitted, because that was common and customary, and because it might easily be gathered out of Exod. 22. 16. it being sufficient here to mention what was peculiar to this case.

To wit, if her Father consent to it, which is to be supposed out of Exod. 22. 16. it being not likely that the Father should lose his paternal right of disposing his Child when she was in some sort forced, rather than when she was inticed.

Which others were suffered to do, Deut. 24. 1. and he who inticed the maid, Exod. 22. 16. was not prohibited to do.

30 A man shall not take his fathers wife , nor discover his fathers skirt .

To Wife. So this respects the state, and the next branch speaks of the act onely.

His Mother in law. See Levit. 18. 8. and 20. 11. 1 Cor. 5. 1.

(i. e.) The skirt of the Mothers Garment, i. e. the nakedness, which is here called his fathers skirt, because his Father and Mother were one flesh, or because his Father alone had the right to uncover it. The phrase is taken from the ancient custome or ceremonie of the Bridegrooms spreading the skirt of his Garment over the bride, to signifie his right to her, and authority over her, and his obligation to the marriage duty. See Ruth. 3. 9. Ezek. 16. 8.

Marginal references: Lev. 18. 8.

Deu 22:1-3

In Deu 22:1-4 Moses shows, by a still further expansion of Exo 23:4-5, how the property of a neighbour was to be regarded and preserved. If any man saw an ox or a sheep of his brother’s (fellow-countryman) going astray, he was not to draw back from it, but to bring it back to his brother; and if the owner lived at a distance, or was unknown, he was to take it into his own house or farm, till he came to seek it. He was also to do the same with an ass or any other property that another had lost.

Deu 22:4

A fallen animal belonging to another he was also to help up (as in Exo 23:5 : except that in this case, instead of a brother generally, an enemy or hater is mentioned).

Deu 22:5

As the property of a neighbour was to be sacred in the estimation of an Israelite, so also the divine distinction of the sexes, which was kept sacred in civil life by the clothing peculiar to each sex, was to be not less but even more sacredly observed. “There shall not be man’s things upon a woman, and a man shall not put on a woman’s clothes.” כּלי does not signify clothing merely, nor arms only, but includes every kind of domestic and other utensils (as in Exo 22:6; Lev 11:32; Lev 13:49). The immediate design of this prohibition was not to prevent licentiousness, or to oppose idolatrous practices (the proofs which Spencer has adduced of the existence of such usages among heathen nations are very far-fetched); but to maintain the sanctity of that distinction of the sexes which was established by the creation of man and woman, and in relation to which Israel was not to sin. Every violation or wiping out of this distinction - such even, for example, as the emancipation of a woman - was unnatural, and therefore an abomination in the sight of God.

Deu 22:6-7

The affectionate relation of parents to their young, which God had established even in the animal world, was also to be kept just as sacred. If any one found a bird’s nest by the road upon a tree, or upon the ground, with young ones or eggs, and the mother sitting upon them, he was not to take the mother with the young ones, but to let the mother fly, and only take the young. נקרא for נקרה, as in Exo 5:3. The command is related to the one in Lev 22:28 and Exo 23:19, and is placed upon a par with the commandment relating to parents, by the fact that obedience is urged upon the people by the same promise in both instances (vid., Deu 5:16; Exo 20:12).

Deu 22:8-12

Still less were they to expose human life to danger through carelessness. “If thou build a new house, make a rim (maakeh) - i.e., a balustrade - to thy roof, that thou bring not blood-guiltiness upon thy house, if any one fall from it.” The roofs of the Israelitish houses were flat, as they mostly are in the East, so that the inhabitants often lived upon them (Jos 2:6; 2Sa 11:2; Mat 10:27). - In Deu 22:9-11, there follow several prohibitions against mixing together the things which are separated in God’s creation, consisting partly of a verbal repetition of Lev 19:19 (see the explanation of this passage). - To this there is appended in Deu 22:12 the law concerning the tassels upon the hem of the upper garment (Num 15:37.), which were to remind the Israelites of their calling, to walk before the Lord in faithful fulfilment of the commandments of God (see the commentary upon this passage).

Deu 22:13-14

Laws of Chastity and Marriage. - Higher and still holier than the order of nature stands the moral order of marriage, upon which the well-being not only of domestic life, but also of the civil commonwealth of nations, depends. Marriage must be founded upon fidelity and chastity on the part of those who are married. To foster this, and secure it against outbreaks of malice and evil lust, was the design and object of the laws which follow. The first (Deu 22:13-21) relates to the chastity of a woman on entering into the married state, which might be called in question by her husband, either from malice or with justice. The former case is that which Moses treats of first of all. If a man took a wife, and came to her, and hated her, i.e., turned against her after gratifying his carnal desires (like Amnon, for example, 2Sa 13:15), and in order to get rid of her again, attributed “deeds or things of words” to her, i.e., things which give occasion for words or talk, and so brought an evil name upon her, saying, that on coming to her he did not find virginity in her. בּתוּלים, virginity, here the signs of it, viz., according to Deu 22:17, the marks of a first intercourse upon the bed-clothes or dress.

Deu 22:15-17

In such a case the parents of the young woman (הנּער for הנּערה, as in Gen 24:14, Gen 24:28, according to the earliest usage of the books of Moses, a virgin, then also a young woman, e.g., Rth 2:6; Rth 4:12) were to bring the matter before the elders of the town into the gate (the judicial forum; see Deu 21:19), and establish the chastity and innocence of their daughter by spreading the bed-clothes before them. It was not necessary to this end that the parents should have taken possession of the spotted bed-clothes directly after the marriage night, as in customarily done by the Bedouins and the lower classes of the Moslem in Egypt and Syria (cf. Niebuhr, Beschr. v. Arab. pp. 35ff.; Arvieux, merkw. Nachr. iii. p. 258; Burckhardt, Beduinen, p. 214, etc.). It was sufficient that the cloth should be kept, in case such a proof might be required.

Deu 22:18-19

The elders, as the magistrates of the place, were then to send for the man who had so calumniated his young wife, and to chastise him (יסּר, as in Deu 21:18, used to denote bodily chastisement, thought the limitation of the number of strokes to forty save one, may have been a later institution of the schools); and in addition to this they were to impose a fine upon him of 100 shekels of silver, which he was to pay to the father of the young wife for his malicious calumniation of an Israelitish maiden, - twice as much as the seducer of a virgin was to pay to her father for the reproach brought upon him by the humiliation of his daughter (Deu 22:29); and lastly, they were to deprive the man of the right of divorce from his wife.

Deu 22:20-21

In the other case, however, if the man’s words were true, and the girl had not been found to be a virgin, the elders were to bring her out before the door of her father’s house, and the men of the town were to stone her to death, because she had committed a folly in Israel (cf. Gen 34:7), to commit fornication in her father’s house. The punishment of death was to be inflicted upon her, not so much because she had committed fornication, as because notwithstanding this she had allowed a man to marry her as a spotless virgin, and possibly even after her betrothal had gone with another man (cf. Deu 22:23, Deu 22:24). There is no ground for thinking of unnatural wantonness, as Knobel does.

Deu 22:22

If any one lay with a married woman, they were both of them to be put to death as adulterers (cf. Lev 20:10).

In connection with the seduction of a virgin (נער, puella, a marriageable girl; בּתוּלה, virgo immaculata, a virgin), two, or really three, cases are distinguished; viz., (1) whether she was betrothed (Deu 22:23-27), or not betrothed (Deu 22:28, Deu 22:29); (2) if she were betrothed, whether it was (a) in the town (Deu 22:23, Deu 22:24) or (b) in the open field (Deu 22:25-27) that she had been violated by a man.

Deu 22:23-24

If a betrothed virgin had allowed a man to have intercourse with her (i.e., one who was not her bridegroom), they were both of them, the man and the girl, to be led out to the gate of the town, and stoned that they might die: the girl, because she had not cried in the city, i.e., had not called for help, and consequently was to be regarded as consenting to the deed; the man, because he had humbled his neighbour’s wife. The betrothed woman was placed in this respect upon a par with a married woman, and in fact is expressly called a wife in Deu 22:24. Betrothal was the first step towards marriage, even if it was not a solemn act attested by witnesses. Written agreements of marriage were not introduced till a later period (Tobit 7:14; Tr. Ketuboth i. 2).

Deu 22:25-27

If, on the other hand, a man met a betrothed girl in the field, and laid hold of her and lay with her, the man alone was to die, and nothing was to be done to the girl. “There is in the damsel no death-sin (i.e., no sin to be punished with death); but as when a man riseth against his neighbour and slayeth him, even so is this matter.” In the open field the girl had called for help, but no one had helped her. It was therefore a forcible rape.

Deu 22:28-29

The last case: if a virgin was not betrothed, and a man seized her and lay with her, and they were found, i.e., discovered or convicted of their deed, the man was to pay the father of the girl fifty shekels of silver, for the reproach brought upon him and his house, and to marry the girl whom he had humbled, without ever being able to divorce her. This case is similar to the one mentioned in Exo 22:15-16. The omission to mention the possibility of the father refusing to give him his daughter for a wife, makes no essential difference. It is assumed as self-evident here, that such a right was possessed by the father.

Deu 22:30 (or Hebrew_Bible_23:1) This verse, in which the prohibition of incest is renewed by a repetition of the first provision in the earlier law (Lev 18:7-8), is no doubt much better adapted to form the close of the laws of chastity and marriage, than the introduction to the laws which follow concerning the right of citizenship in the congregation of the Lord.

Kindness and Humanity. (b. c. 1451.)

1 Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them: thou shalt in any case bring them again unto thy brother. 2 And if thy brother be not nigh unto thee, or if thou know him not, then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again. 3 In like manner shalt thou do with his ass; and so shalt thou do with his raiment; and with all lost thing of thy brother's, which he hath lost, and thou hast found, shalt thou do likewise: thou mayest not hide thyself. 4 Thou shalt not see thy brother's ass or his ox fall down by the way, and hide thyself from them: thou shalt surely help him to lift them up again.

The kindness that was commanded to be shown in reference to an enemy (Exod. xxxiii. 4, &c.) is here required to be much more done for a neighbour, though he were not an Israelite, for the law is consonant to natural equity. 1. That strayed cattle should be brought back, either to the owner or to the pasture out of which they had gone astray, v. 1, 2. This must be done in pity to the very cattle, which, while they wandered, were exposed; and in civility and respect to the owner, nay, and in justice to him, for it was doing as we would be done by, which is one of the fundamental laws of equity. Note, Religion teaches us to be neighbourly, and to be ready to do all good offices, as we have opportunity, to all men. In doing this, (1.) They must not mind trouble, but, if they knew who the owner was, must take it back themselves; for, if they should only send notice to the owner to come and look after it himself, some mischief might befal it ere he could reach it. (2.) They must not mind expense, but, if they knew not who the owner was, must take it home and feed it till the owner was found. If such care must be taken of a neighbour's ox or ass going astray, much more of himself going astray from God and his duty; we should do our utmost to convert him (Jam. v. 19), and restore him, considering ourselves, Gal. vi. 1. 2. That lost goods should be brought to the owner, v. 3. The Jews say, "He that found the lost goods was to give public notice of them by the common crier three or four times," according to the usage with us; if the owner could not be found, he that found the goods might convert them to his own use; but (say some learned writers in this case) he would do very well to give the value of the goods to the poor. 3. That cattle in distress should be helped, v. 4. This must be done both in compassion to the brute-creatures (for a merciful man regardeth the life of a beast, though it be not his own) and in love and friendship to our neighbour, not knowing how soon we may have occasion for his help. If one member may say to another, "I have at present no need of thee," it cannot say, "I never shall."

Various Prohibitions. (b. c. 1451.)

5 The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment: for all that do so are abomination unto the Lord thy God. 6 If a bird's nest chance to be before thee in the way in any tree, or on the ground, whether they be young ones, or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young: 7 But thou shalt in any wise let the dam go, and take the young to thee; that it may be well with thee, and that thou mayest prolong thy days. 8 When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence. 9 Thou shalt not sow thy vineyard with divers seeds: lest the fruit of thy seed which thou hast sown, and the fruit of thy vineyard, be defiled. 10 Thou shalt not plow with an ox and an ass together. 11 Thou shalt not wear a garment of divers sorts, as of woollen and linen together. 12 Thou shalt make thee fringes upon the four quarters of thy vesture, wherewith thou coverest thyself.

Here are several laws in these verses which seem to stoop very low, and to take cognizance of things mean and minute. Men's laws commonly do not so: De minimis non curat lex—The law takes no cognizance of little things; but because God's providence extends itself to the smallest affairs, his precepts do so, that even in them we may be in the fear of the Lord, as we are under his eye and care. And yet the significancy and tendency of these statutes, which seem little, are such that, notwithstanding their minuteness, being fond among the things of God's law, which he has written to us, they are to be accounted great things.

I. The distinction of sexes by the apparel is to be kept up, for the preservation of our own and our neighbour's chastity, v. 5. Nature itself teaches that a difference be made between them in their hair (1 Cor. xi. 14), and by the same rule in their clothes, which therefore ought not to be confounded, either in ordinary wear or occasionally. To befriend a lawful escape or concealment it may be done, but whether for sport or in the acting of plays is justly questionable. 1. Some think it refers to the idolatrous custom of the Gentiles: in the worship of Venus, women appeared in armour, and men in women's clothes; this, as other such superstitious usages, is here said to be an abomination to the Lord. 2. It forbids the confounding of the dispositions and affairs of the sexes: men must not be effeminate, nor do the women's work in the house, nor must women be viragos, pretend to teach, or usurp authority, 1 Tim. ii. 11, 12. Probably this confounding of garments had been used to gain opportunity of committing uncleanness, and is therefore forbidden; for those that would be kept from sin must keep themselves from all occasions of it and approaches to it.

II. In taking a bird's-nest, the dam must be let go, v. 6, 7. The Jews say, "This is the least of all the commandments of the law of Moses," and yet the same promise is here made to the observance of it that is made to the keeping of the fifth commandment, which is one of the greatest, that it may be well with thee, and that thou mayest prolong thy days; for, as disobedience in a small matter shows a very great contempt of the law, so obedience in a small matter shows a very great regard to it. He that let go a bird out of his hand (which was worth two in the bush) purely because God bade him, in that made it to appear that he esteemed all God's precepts concerning all things to be right, and that he could deny himself rather than sin against God. But doth God take care for birds? 1 Cor. ix. 9. Yes, certainly; and perhaps to this law our Saviour alludes. Luke xii. 6, Are not five sparrows sold for two farthings, and not one of them is forgotten before God? This law, 1. Forbids us to be cruel to the brute-creatures, or to take a pleasure in destroying them. Though God has made us wiser than the fowls of heaven, and given us dominion over them, yet we must not abuse them nor rule them with rigour. Let go the dam to breed again; destroy it not, for a blessing is in it, Isa. lxv. 8. 2. It teaches us compassion to those of our own kind, and to abhor the thought of every thing that looks barbarous, and cruel, and ill-natured, especially towards those of the weaker and tender sex, which always ought to be treated with the utmost respect, in consideration of the sorrows wherein they bring forth children. It is spoken of as an instance of the most inhuman cruelty that the mother was dashed to pieces upon her children (Hos. x. 14), and that the women with child were ripped open, Amos i. 13. 3. It further intimates that we must not take advantage against any, from their natural affection and the tenderness of their disposition, to do them an injury. The dam could not have been taken if her concern for her eggs or young (unlike to the ostrich) had not detained her upon the next when otherwise she could easily have secured herself by flight. Now, since it is a thousand pities that she should fare the worse for that which is her praise, the law takes care that she shall be let go. The remembrance of this may perhaps, some time or other, keep us from doing a hard or unkind thing to those whom we have at our mercy.

III. In building a house, care must be taken to make it safe, that none might receive mischief by falling from it, v. 8. The roofs of their houses were flat for people to walk on, as appears by many scriptures; now lest any, through carelessness, should fall off them, they must compass them with battlements, which (the Jews say) must be three feet and a half high; if this were not done, and mischief followed, the owner, by his neglect, brought the guilt of blood upon his house. See here, 1. How precious men's lives are to God, who protects them, not only by his providence, but by his law. 2. How precious, therefore, they ought to be to us, and what care we should take to prevent hurt from coming to any person. The Jews say that by the equity of this law they were obliged (and so are we too) to fence, or remove, every thing by which life may be endangered, as to cover draw-wells, keep bridges in repair, and the like, lest, if any perish through our omission, their blood be required at our hand.

IV. Odd mixtures are here forbidden, v. 9, 10. Much of this we met with before, Lev. xix. 19. There appears not any thing at all of moral evil in these things, and therefore we now make no conscience of sowing wheat and rye together, ploughing with horses and oxen together, and of wearing linsey-woolsey garments; but hereby is forbidden either, 1. A conformity to some idolatrous customs of the heathen. Or, 2. That which is contrary to the plainness and purity of an Israelite. They must not gratify their own vanity and curiosity by putting those things together which the Creator in infinite wisdom had made asunder: they must not be unequally yoked with unbelievers, nor mingle themselves with the unclean, as an ox with an ass. Nor must their profession and appearance in the world be motley, or party-coloured, but all of a piece, all of a kind.

V. The law concerning fringes upon their garments, and memorandums of the commandments, which we had before (Num. xv. 38, 39), is here repeated, v. 12. By these they were distinguished from other people, so that it might be said, upon the first sight, There goes an Israelite, which taught them not to be ashamed of their country, nor the peculiarities of their religion, how much soever their neighbours looked upon them and it with contempt: and they were also put in mind of the precepts upon the particular occasions to which they had reference; and perhaps this law is repeated here because the precepts immediately foregoing seemed so minute that they were in danger of being overlooked and forgotten. The fringes will remind you not to make your garments of linen and woollen, v. 11.

The Punishment of Fornication. (b. c. 1451.)

13 If any man take a wife, and go in unto her, and hate her, 14 And give occasions of speech against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her, I found her not a maid: 15 Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate: 16 And the damsel's father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her; 17 And, lo, he hath given occasions of speech against her, saying, I found not thy daughter a maid; and yet these are the tokens of my daughter's virginity. And they shall spread the cloth before the elders of the city. 18 And the elders of that city shall take that man and chastise him; 19 And they shall amerce him in a hundred shekels of silver, and give them unto the father of the damsel, because he hath brought up an evil name upon a virgin of Israel: and she shall be his wife; he may not put her away all his days. 20 But if this thing be true, and the tokens of virginity be not found for the damsel: 21 Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die: because she hath wrought folly in Israel, to play the whore in her father's house: so shalt thou put evil away from among you. 22 If a man be found lying with a woman married to a husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel. 23 If a damsel that is a virgin be betrothed unto a husband, and a man find her in the city, and lie with her; 24 Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city; and the man, because he hath humbled his neighbour's wife: so thou shalt put away evil from among you. 25 But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die: 26 But unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbour, and slayeth him, even so is this matter: 27 For he found her in the field, and the betrothed damsel cried, and there was none to save her. 28 If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; 29 Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days. 30 A man shall not take his father's wife, nor discover his father's skirt.

These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul.

I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, v. 13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire—those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, v. 18, 19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (ch. xxiv. 1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Ps. l. 20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own.

II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, v. 20, 21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen. xxxiv. 7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people.

III. If any man, single or married, lay with a married woman, they were both to be put to death, v. 22. This law we had before, Lev. xx. 10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children.

IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, v. 23, 24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur—Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, v. 24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help (Succurre, Domine, vim patior—Help me, O Lord, for I suffer violence), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee.

V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, v. 28, 29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of.

VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (v. 30) from Lev. xviii. 8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, 1 Cor. v. 1.

CHAP. XXII.

THou shalt not see thy brothers oxe or his sheepe go astray, and hide thy selfe from them; restoring thou shalt [illegible: 1 span]ore them unto thy brother. And if thy [illegible: 1 word] [illegible: 1 span]er be not nigh unto thee, or thou [illegible: 1 span]west him not, then thou shalt gather it [illegible: 1 word] thine house, and it shall be with thee un [illegible: 1 span] thy brother seeke after it, and thou shalt [illegible: 1 span]re it unto him. And so shalt thou doe [illegible: 1 word] his asse, and so shalt thou doe with his [illegible: 1 span]ent, and so shalt thou doe with every [illegible: 1 word] of thy brother, which shall be lost by [illegible: 1 word], and thou hast found it; thou maist not [illegible: 1 word] thy selfe.

Thou shalt not see thy brothers asse or his oxe fallen in the way, and hide thy selfe from them: lifting thou shalt lift them up with him.

A mans ornament shal not be upon a woman, neither shall a man put on a womans garment; for every one that doth these things is an abomination to Iehovah thy God.

If a birds nest chance to be before thee in the way, in any tree, or on the ground, young ones, or egges, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young. Sending thou shalt send away the dam, & the young thou shalt take unto thee, that it may be well with thee, and thou maist prolong thy daies.

When thou buildest a new house, then thou shalt make a battlement for thy roofe, that thou put not blouds in thine house, if any falling fall f[illegible: 1 letter]om it.

Thou shalt not sow thy vineyard with divers kindes, lest the full-ripe fruit, the seed which thou hast sowen, and the revenue of the vineyard be defiled.

Thou shalt not plow with an oxe and an asse together. Thou shalt not weare linsie-woolsie, wooll and flax together.

Fringes shalt thou make unto thee, upon the foure skirts of thy vesture which thou coverest thee withall.

If a man take a wife, and goe in unto her, and hate her, And lay against her occasions of speech, and bring forth upon her an evill name, and say, I tooke this woman, and I came nigh unto her, and I found her not to have virginity: Then shall the father of the damosell, and her mother, take and bring forth the virginity of the damosell unto the Elders of the citie, in the gate. And the father of the damosel shall say unto the Elders, I gave my daughter unto this man to wife, & he hateth her. And loe, he hath laid against her occasions of speech, saying, I found not thy daughter to have virginitie; and this is my daughters virginity: and they shall spread the cloth before the Elders of the citie. And the Elders of that citie shall take the man, and shall chastise him. And they shall amearse him in an hundred shekels of silver, and give them unto the father of the damosell, because hee hath brought forth an evill name upon a Virgin of Israel, and she shall be his to wife; he may not send her away all his daies. But if this word be truth, and virginitie be not found for the damosell. Then they shall bring out the damosell unto the doore of her fathers house, and the men of her citie shall stone her with stones, and she shall die, because she hath done folly in Israel, to commit whoredome in her fathers house: and thou shalt put away evill from the midst of thee.

If a man be found lying with a woman married to an husband, then they shall die, even both of them; the man that lieth with the woman, and the woman: and thou shalt put away evill from Israel.

If there be a damosel a virgin betrothed to a man, and a man find her in the citie, and lie with her: Then ye shall bring out both of them unto the gate of that citie, and yee shall stone them with stones, and they shall die; the damosell because she cried not out in the citie, and the man because hee hath humbled his neighbours wife: and thou shalt put away evill from the midst of thee.

And if in the field a man doe finde a betrothed damosell, and the man take strong hold on her, and lie with her, then the man that lay with her shall die, he onely. But unto the damosell thou shalt not do any thing; there is in the damosell no sinne of death: for as when a man riseth against his neighbour, and killeth him in soule, so is this matter. For he found her in the field; the betrothed damosell cried out, and there was none to save her.

If a man finde a damosell a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found: Then the man that lieth with her shall give unto the damosels father fiftie shekels of silver, and she shall be his to wife, because he hath humbled her; he may not send her away all his daies.

A man shall not take his fathers wife, nor discover his fathers skirt.

Annotations. THy brothers oxen] yea though it be thine onemies, Exod. 23. 4. goe astray] Hebr. driven away, or thrust out of the way, by any meanes of themselves, or others: as by a dog, hunted from the flocke or fold, and the like. The Greeke and Chaldee translate, erring in way, and going astray. See the notes on Deut. 4. 19. This dutie required towards beasts, is much more towards men; as God applieth the similitude in Ezek. 34. 4. 16. And as we all were like sheepe going astray, 1 Pet. 2. 25. so are we daily subject to stray from the truth, and have need one of anothers helpe; whereupon it is said, Brethren, if any of you doe erre (or goe astray) from the truth, and one convert him; let him know, that he which converteth the sinner from the errour of his way, shall save a soule from death, and shall hide a multitude of sinnes, Iam. 5. 19, 20. hide thy selfe] that is, with-hold thine helpe: the Greeke translateth it, winke at, that is, neglect, or not regard: See Lev. 20. 4. restoring, &c.] that is, thou shalt in any case restore, or bring againe. So here are two precepts; a prohibition to hide, and a commandement to restore: and thus the Hebrewes observe a double sinne in them that breake this Law, and sometimes a treble. He that seeth a lost thing of any Israelites, and hideth himselfe from it, and letteth it alone, transgresseth this prohibition, THOV SHALT NOT HIDE THY SELFE FROM THEM; and breaketh this commandement, THOV SHALT RESTORE, &c. If hee take the lost thing, and restore it not, hee breaketh the commandement (THOV SHALT RESTORE) and transgresseth against two prohibitions, against THOV MAIST NOT HIDE THY SELFE, (Deut. 22. 3.) and against THOV SHALT NOT ROB, (Lev. 19. 13.) Although the owner of the lost thing be a wicked man, &c. wee are commanded to restore his lost thing to him. If hee have restored it, and it be fled away againe, though an hundred times, he is bound to restore it; for it is written, RESTORING THOV SHALT RESTORE THEM. Maim. in Misneh, tom. 4. treat of Robbery and losse, ch. 11. s. 1, 2, 14. unto thy brother] either to his own hands, or to the place where it was and should be. For, if he see a beast that is fled out of the fold, and he returneth it into the place thereof, loe he hath kept this commandement, and there is no need to make it knowne unto the owner, saith Maimony ibidem, chap. 11. sect. 16. Vers. 2. gather it] that is, take it in. into thine house] Hebr. into the midst of thine house; whereby is meant within the same, as the phrase often signifieth: See the notes on Genes. 2. 9. But this teacheth a care to keepe it safe. seeke after it] But he that found it, is also to use meanes that the owner may know of it; and the Hebrewes say, He is bound to cry it, and make it knowne, saying, who so hath lost such a kinde of thing, let him come and give the signes of it, and he shall have it. At the first, who so hath found any thing, crieth it three times. After the last time, within seven daies he crieth it the fourth time. If the owner come not, the thing found is to be left with him that found it; and if in all that time it be stollen, or lost, he is bound to make satisfaction; but if it be gone by violence, he is free. For he that keepeth a lost thing, is as he that keepes for hire, &c. [whereof Iee the Annotations on Exod. 22. 10.] And he must have care that the thing be not marred, or perish. If it be a living thing which he must give food unto; if it be a working (beast) as an horse, asse, &c. he may put them to labour twelve moneths from the day that he found them, or let them out for hire, and take their hire, and give them food; and if the hire be more worth than their food, the overplus is the owners, &c. Afterwards they are sold by the Magistrates. Maimony treat. of Robberie and losse, chap. 13. sect. 1. &c. Vers. 3. every losse] that is, every lost thing: and by like proportion, a man is to keepe his neighbours goods from losse or perishing; as, Hee that seeth the water to overflow, and it commeth to marre his neighbours house, or his field, he is bound to stop the same, &c. Maimony treat. of Robberie and losse, chap. 11. sect. 20. which shall be lost] Hence the Hebrewes observe, that if a man will lose his goods wittingly, men are not bound unto him. As, if he put his beast into a stable which hath no doore, and he tieth it not, and so it goeth away. If he cast his purse into a place common for all, and goeth his way, or any the like, loe he loseth his goods wittingly. And though it be not lawful for him that seeth this thing, to take it for himselfe, he is not bound to bring it againe (to the owner,) for it is said, WHICH SHALL BE LOST, to put a difference from him that loseth wittingly. Maimony ibidem, chap. 11. sect. 11. thou maist not] that is, it is not lawfull to hide thy selfe, or, to let it alone. Here they put some exceptions, as they say, A priest that seeth a lost thing in a place of buriall, must not defile himselfe to returne it againe, because when hee keepeth one commandement of restoring the lost thing, he breaketh another commandement which saith, THEY SHALL BE HOLY (Lev. 21. 6.) and transgresseth a prohibition, HE SHALL NOT DEFILE HIMSELFE, &c. (Lev. 21. 4.) and a commandement doth not put away (or cause a man to transgresses) a prohibition and a commandement. On the contrarie, If one see a thing lost, and his father say unto him, Restore it not, he must restore it, and not obey him: for if he obey his father, he is found at the time when hee keepeth this commandement, HONOVR THY FATHER, that he breaketh this commandement, THOV SHALT RESTORE IT; and transgresseth this prohibition: THOU MAIST NOT HIDE THY SELFE. Maim. ibidem, c. 11. s. 18, 19. Vers. 4. thy brothers asse] in Exod. 23. 5. hee saith, thine haters asse, that men should not thinke these Lawes binde us to doe good unto our friends onely. So our Saviour saith, Love your enemies, doe good to them that hate you. Mat. 5. 44. fallen] that is, lying under his burden, Exod. 23. 5. So [illegible: 1 word] was used before for lying, Deut. 21. 1. Though here it may be taken more generally. and hide thyselfe] that is, for beare to helpe him up, Exod. 23. 5. listing, &c.] or, raising thou shalt raise them up, that is, helpe to doe it, in any case, though it bee againe and againe. This the Hebrewes understand to be another commandement from that in Exod. [illegible: 1 word]. wch they open thus; Who so meeteth with his neighbour in the way, and his beast lying under a bur [illegible: 1 span] he is commanded to unloose it from upon [illegible: 1 word] this is commanded to be done, in Exod. 23. [illegible: 1 span]d he must not unloose it, and leave him presently [illegible: 1 span]ghe bit way, but must lift it up with him, and againe lay the burden upon him, Deut. 22. 4. this [illegible: 1 word] commandement. And if he leave him presently, and doe not unloose it off him, nor load him, he breaketh a commandement which ought to be done; and transgresseth in that which ought not to be done; as it is said, THOV SHALT NOT SEE THY BROTHERS ASSE, &c. If when he is unloosed, and loaden againe, he fall againe, he is bound to helpe him up another time, yea though it be an hundred times; for it is written, HELPING THOV SHALT HELPE VP; LIFTING THOV SHALT LIFT VP. Therefore he must goe a mile backe with him, unlesse the owner say, I have no need of thee. Maimony treat. of Murder, chap. 13. sect. 1. &c. Vers. 5. A mans ornament] or instrument, apparell, dresse. The Hebrew Cli is a generall word for all instruments, vessels, ornaments, whatsoever; and here for all apparell and furniture whatsoever a man putteth on him, in time of peace, or of war: and so the Chaldee translateth it armour, or weapons, which is also forbidden a woman to weare. And this precept concerneth naturall honestie and seemelinesse, which hath perpetuall equitie, 1 Cor. 11. 4, 5, 6, 14. And it is to prevent many evils which may arise if men and women should be clad alike. It is probable also, that this law was given in regard of the abuse among other nations, and particularly among the Egyptians, (with whom Israel had lived:) for humane Writers testifie that the Egyptian women did goe abroad and use merchandise, &c. and the men did weave within the houses, Herodot in Euterpe. The Hebrewes explaine it thus; A woman may not put on a mans ornament, as to put a miter, or an helmet on her head, or to put on an habergeon, or the like, or to post her head like a man. Neither may a man put on a womans ornament, as coloured garments, or golden jewels, in the place where men use not to weare such jewels, but women only: all, according to the custome of the countrey (wherein they live.) A man that putteth on a womans attire, and a woman that putteth on a mans, is to be beaten (by the Magistrate.) Maim. treat. of Idolatrie, chap. 12. sect. 10. The attire of the body spiritually signifieth the ornaments of the minde, Psal. 1 32. 9. 16. Rev. 3. 18. so men should not change their nature, to become effeminate; as the Egyptians and Baby Ionians are threatred to be like women, Esay 19. 16. Ier. 50. 37. and 51. 30. And in the Churches women are to be silent, and not speake as men, 1 Cor. 14. 34. I suffer not a woman to teach, nor to usurpe authoritie over the man, but to be in silence, 1 Tim. 2. 12. abomination to Iehovah] Hebr. the abomination of Iehovah, that is, abhorred of him, which the Chaldee expoundeth, an abomination before the LORD. Vers. 6. chance to be] that is, if unawares thou meetest with it, or lightest upon it. So the Greeke translateth, If thou meetest with a birds nest before thy face. or on the ground] or in any other place, as on the water, or the like; for these are put but for an instance, because usually birds nestle either on trees, or on the ground. So the Hebrewes expound it: He that findeth a nest upon the waters, or on the backe of any living creature, is bound to let the damme goe. The young or the egges are not mentioned, neither the tree or ground, but that the Scripture speaketh by an instance. Maimony tom. 2. in Shechitah, chap. 13. sect. 17. the damme] Heb. the mother: so after, sonnes for young ones; which names the Scripture giveth to all living things; and the Greeke and Chaldee keepe the Hebrew phrase, mother and children. The Hebrewes understand this precisely of the damme or female only, and say, A male that is found sitting upon a nest, is free from being sent away; (that is, a man is not bound to let it goe:) Maim. ibidem, sect. 10. thou shalt not take] to wit, and kill, for that is chiefly here intended. He that taketh the damme with the young, and killeth her, the flesh is lawfull to be eaten, but he is to be beaten for killing the damme. And so if she die before he let her goe, he is to be beaten: but if he let her goe after he hath taken her, he is free. Maim. in Shechitah, chap. 13. sect. 1. Compare herewith the Law in Lev. 22. 28. Whether it be Cow or Ewe, ye shall not kill it and her young both in one day. Vers. 7. Sending thou shalt send] that is, in any wise send away (or let goe) the damme. This sheweth the strictnesse of the precept, which also must be done willingly, upon the former penaltie. For every prohibition, after which commeth a precept affirmative, a man is bound to performe the precept concerning it; and if he performe it not, he is to be beaten. If one come and snatch the damme out of his hand, and send her away, or if she escape away from under his hand against his will, he is to be beaten; for till be send her away of himselfe, he performeth not the precept concerning her. If he take the damme, and clip her wings that she cannot flie, and then send her away, he is to be chastised with stripes; and hee must keepe her by him till her wings be growne, and then send her away. And if she die before, or be lost, he is to be beaten, for he hath not performed the commandement. If he send her away and she come again, he must send her away againe, though it be foure or five times; for it is said, SENDING THOV SHALT SEND HER AWAY. If one say, I will take the damme, and send away the young, he is bound to send away the damme. The, sending away of the damme is not in use, save for cleane birds, &c. Maimony in Shechitah, chap. 13. sect. 2, 3, 4, 6, 8. It is unlawfull to take the damme with the young, though it be to cleanse a Leper with them, which is a thing commanded, (Lev. 14. 4.) and if he take her, he is bound to send her away: for a commandement is not of force to disanull a prohibition and a commandement; but a commandement and a prohibition doe disanull a commandement. Ibidem, sect. 19. God by this Law teacheth us mercy and pietie; (as it is noted for barbarous crueltie, when the mother is killed with the children, Hos. 20. 14. Gen. 32. 11.) therefore when the bird is hatching her egges, or cherishing her young, she may not be killed. And as the Hebrewes say, If she were sitting but upon one young, or one egge, a man was bound to send her away: howbeit, that if she were taken from the nest by hunting, it was lawfull: the Law forbiddeth not save to hunt (or take) her when shee cannot flie away for (affection to) her young which she hatcheth; as it is said, AND THE DAM SITTING VPON THE YOUNG, &c. Maimony in Shechitah, chap. 13. sect. 16 7. And this law for compassion towards birds, teacheth compassion towards mankinde much more; as when he saith, Thou shalt not mousell the exe, Deut. 25. 4. the Apostle sheweth it to be written for our sakes, 1 Cor. 9. 9, 10. So the Hebrewes here say, This is to leade us unto mercy, and to take out of our hearts crueltie and the like (affections), not that the intent of the commandement is to shew compassion unto birds, &c. but to mankinde. R. Menachem on Deut. 25. 7. fol. 210. prolong thy dayes] The like blessing is promised to them that honour father and mother, Deut. 5. 16. the Hebrewes account that one of the great commandements; and this of the bird they count the least of all in Moses law: and yet such a promise is annexed hereunto. Vers. 8. a new house] to wit, a dwelling house; for so the Hebrewes explaine it, It is commanded to make a battlement for the roofe, if it bee a dwelling house; but a barne, or a stable, or the like, a man is not bound concerning them. Maimony treat, of Murder, chap. 11. sect. 1. a battlement] in Greeke, a crowne: which was to compasse the roofe of the house round about, to keepe men from falling off. For in Israel the houses had flat roofes, on which men walked, 2 Sam. 11. 2. and from thence they called and spake to the people: whereupon Christ speaketh of preaching, and proclaiming upon the house tops, Matt. 10. 27. Luke 12. 3. The heighth of the battlement might not be lesse than ten hand-bredths [six of which hand-bredths made a cubit] and it was to be strong, that a man might leane thereon, and not fall. Maimony treat. of Murder, chap. 11. sect. 3. that thou put not] or, and thou shalt not put blouds, which the Greeke translateth, and thou shalt not make man-slaughter in thy house; and the Chaldee, for blouds, saith guilt of murder, as the word blouds often signifieth: see Gen. 4. 10. By this it appeareth, that all other occasions of bloud-shed were to be prevented in other places, as well as on house tops. Which the Hebrewes declare thus; Whether it be the house top, or any other thing, wherein there is danger and likelihood that a man may fall and die; and if a man have a pit or Well in his yard, have it water in it, or not, hee is bound to make a fence about it ten hand-bredths high, or to make a cover over it, that no man fall therein and die. And so any stumbling blocke whereby there is danger of life, a man is commanded to remove the same, and to beware thereof, and to give warning of the thing very heedfully. Otherwise if he remove them not, but leave stumbling blocks that may bring into danger, he breaketh a commandement, and transgresseth this prohibition, of PVTTING BLOVDS. Maim. treat. of Murder, chap. 11. sect. 4. Vers. 9. thy vineyard] nor any other field, Lev. 19. 19. divers kinds] or mixtures, as wheat and barley together, or the like. See the Annotations on Lev. 19. 19. The Hebrewes divide seeds into three sorts. The first of them is called Tebuah, (Revenue,) and it comprehendeth the five kinds of graine, Wheat, Rye, Barley, Fox-eare-barley, and Oats. The second of them is called Ketannith (pulse,) and it cōprehendeth all seeds which are eaten of men, besides the Revenue (aforesaid,) as Beanes, Pease, Lentiles, Millet, Rice, &c. and such like. The third of them are called Garden seeds; and they are all other seeds which are not meet for mans meat, but the fruit of the seed is mans meat: as the seed of Onions, and of Garlicke, and of Rapes, and such like. And flax seed is comprehended under the generall of garden seeds. And all these seeds when they are growne up, and all the while the seed is not discerned, are called Herbs. Maimony tom. 3. in Kilajim, chap. 1. sect. 8. Now of this Law concerning vineyards they write thus; Nothing is forbidden by the name of divers kindes in the vineyard, but the kindes of the revenue (of corne,) and the kindes of herbs onely: other kindes of seeds are lawfull to be sowne in the vineyard; and I need not say other trees. It is unlawfull to sow herbs or corne by the vines sides, or to plant a vine by the sides of herbs or corne. Whether a man plant, or let them grow, when he seeth divers kindes spring up in his vineyard, if he leave them so, it is defiled. Maim. ibidem, chap. 5. sect. 6, 7, 8. the full-ripe fruit] Heb. the fulnesse (or plentie) which the Greeke translateth here, the fruit: elsewhere the first-fruits: see Exod. 22. 29. and Num. 18. 27. By the Hebrewes, a vineyard whiles the grapes were unripe, was not defiled: and unripe grapes were lawfull for use. Maim. in Kilajim, chap. 5. sect. 14. the seed] the Greeke addeth, and the seed, which thou shalt sow with the fruit of thy vineyard. Others understand, the fruit of the seed. and the revenew] or, income, increase. The Scripture useth this word for the increase of the corne or floore, and of the vine or winepresse, Num. 18. 30. So it may be taken here, for either, or for both of them; for both were defiled. The Hebrewes apply this word to the five kindes of graine fore-noted, and unto them also when they are cared, and before they be threshed: as in another place they say, The five kindes, namely Wheat, Barley, Rie, Fox-earebarley, and Oats, these five when they are eared, are called Tebuah (Revenue) in every place; and after that they be threshed and winowed, they are called Dagan (Corne or Graine;) and when they are ground, and their meale kneaded and baked, they are called Path (Bread) Maimony tom. 1. treat. of Blessings, chap. 3. sect. 1. be defiled] or be sanctified, as the Hebrew word properly and usually signifieth; and so the Greeke translateth, that it bee not sanctified. Whereby some understand that the fruit should be separated from common use, and made holy to the Lord, and be eaten by the Priests. But words oft times have contrary significations, as, Barac to Blesse, is used for Cursing or Blaspheming, 1 King. 21. 10. 13. Chesed is Pietie and Impietie, Lev. 20. 17. So this word here is by the Chaldee paraphrast translated defiled; and by the other Hebrewes elsewhere so expounded. The divers kindes (or mixtures) of the vineyard, as any of the sorts of corne, or sorts of herbs that are sowne with a vine, whether an Israelite sow them, or an heathen, &c. both of them are unlawfull to be eaten, or put to any use (or profit) as it is written, (in Deut. 22. 9.) LEST IT BE DEFILED, &c. as if he should say, lest both of them be made abominable and unlawfull. And whoso eateth ought of the mixtures of a vineyard, either of the herbes, or of the grapes, is to be beaten by the Law. Maimony tom. 2. treat. of Forbidden meats, chap. 10. sect. 6, 7. The same Author in tom. 3. treat. Kilaijm, chap. 5. layeth downe also these canons: He that soweth two kinds of corne, or two kinds of herbs, with the seed of the vineyard, he is to be twice beaten; once for this, Thou shalt not sow thy field with divers kindes, (Lev. 19. 19.) and againe for this, Thou shalt not sow thy vine-yard with divers kindes, (Deut. 22. 9.) A man is not to be beaten for sowing divers kindes in the vineyard, untill he sow within the land of Israel, &c. But our Doctors have forbidden to sow divers kindes in the vineyard, though out of the land, because the divers kindes in the vineyard are weightie; for if they be sowen within the land of Israel, they are unlawfull to be used: and seeing they are unlawfull for any use within the land, they are unlawfull to be sowen without the land. It is unlawfull to sow herbes or corne by a vines side, or to plant a vine-tree by herbes or by corne; and if a man doe so, though he is not to be beaten, yet both of them are defiled, and not to be put to any use, either the herbes, or the corne, or the vine, but they burne them both, as it is written, LEST THE FVLL-RIPE FRVIT &c. BE DEFILED: though it be the straw of the corne, or the wood of the vine-tree, they are unlawfull for any use, but they burne them; neither may they heat an oven, or a cauldron, or boile any thing with them when they burne them. These and sundry like observations they have hereabouts, not altogether without probabilitie: and herein the mixtures of the vineyard exceed the mixtures of the field, which they thinke might be used and eaten, though it was sinne to sow them, as is noted on Levit. 19. 19. This Law, with other such like, was typicall, and pertained to the rudiments of Moses Law: whereby it seemeth unto mee, God taught them the simple and sincere estate of his Church. For in mysterie, the vineyard of the Lord of hosts was the house of Israel, and the men of Iudah the plant of his pleasures, Esay 5. 7. and he planted them a noble vine, wholly a right (or true) seed; though they turned into degenerate branches of a strange vine unto him, Ier. 2. 21. Now also the Church is a vineyard, Christ himselfe the vine, and we the branches, Ioh. 15. 1. 5. and this vineyard God would not have sowen with divers kinds, or mixed with the prophane and unbeleevers, lest all be defiled, 2 Cor. 6. 14,—18. Matt. 3. 7,—10. Rev. 21. 24,—27. Vers. 10. with an oxe and an asse] the oxe was a cleane beast, the asse an uncleane: the Hebrewes understand this law generally; plowing, for all worke; and the oxe and the asse, for all cleane and uncleane beasts together. Whosoever doth worke with two kindes of cattell or beasts together, and the one of them is of a cleane kinde, and the other of an uncleane, loe he is to be beaten in every place, Deut: 22. 10. Whether he plow, or sow, or draw a wagon or a stone with them together, &c. he is to be beaten. And whether it be oxe and asse, or any two kindes, whereof one is uncleane and the other cleane, either of cattell, as a swire and a sheepe; or of wilde beasts, as a wilde oxe and an elephant; or beasts with cattell, as a dogge with a goat, or the like; for any of these he is by the Law to be beaten. If a wagon be drawne with beasts of divers kindes, he that sitteth on the wagon is to be beaten: and if one sit on the wagon, and another guide it, they are both beaten; yea though they be an hundred that guide it, they are all beaten. It is lawfull to doe worke with a man and a beast together: for the Law saith, WITH AN OXE AND AN ASSE; it saith not, with a man and an asse, or with a man and an oxe. A (cleane) beast that is become polluted (or unfit) for sacrifice, though it bee but one body, yet the Scripture maketh it as two bodies, for that it was holy, and was made as holy and as profane mixt together; and this beast is fonnd as a cleane beast with an uncleane beast mixed in one; as it is said (in Lev. 27. 11.) IF IT BE AN VNCLEANE BEAST, OF WHICH THEY DOE NOT OFFER A SACRIFICE TO THE LORD: wee have beene taught, that this is not spoken but of beasts disabled for sacrifice. Therefore he that ploweth with an oxe disabled for sacrifice is to be beaten as for mixed kindes; but this prohibition is come by tradition. Maimony in Kilajim, chap. 9. sect. 7.—11. This Law was also typicall, and bindeth not us now, according to the letter, but figured out the Ministers in the Church, as did the oxe that treadeth out the corne, which might not be muzzeled, Deut. 25. compared with 1 Cor. 9. 8. 9.—11. 1 Tim. 5. 17, 4. 18. These in the Lords plow, (that is, in the ministerie of his word, Luk. 9. 62.) must not be mixed of cleane and uncleane, of the servants of Christ and of Antichrist, 2 Cor. 6. 14, 15. Vers. 11. linsie-wolfie] in Hebrew, Shagnatnez, expounded in Greeke, Kibdela, which signifieth things adulterate, or impurely mixed. Moses explaineth it after, saying, wooll and flax together, unto which onely the Hebrewes restraine it, as is more largely noted on Lev. 19. 19. This Law was also figurative: the garments of the Saints are principally Christ himselfe, as it is written, Put yee on the Lord Iesus Christ, Rom. 13. 14. he hath given unto his church, that she should be arayed in fine linnen, cleane and bright, which is the righteousnesse of the Saints, Rev. 19. 8. that we may bee found in him, not having our owne justice (or righteousnesse) which is of the Law, but that which is through the faith of Christ, the righteousnesse of God by faith, Phil. 3. 9. There are also other vertues and graces of the spirit, wherewith the faithfull are adorned, which are good workes, 1 Tim. 2. 9, 10. 1 Pet. 3. 3, 4. but in the case of our justification before God, these may not be mixed together, for a man is justified by faith, without the deeds of the Law, Rom. 3. 28. Gal. 2. 16. And as by the letter of this Law, in the Hebrewes account, one threed of wooll in a linnen garment, or one linnen threed in a woollen garment, made it unlawfull, (as is noted on Lev. 19. 19.) though linnen or woollen garments were worne severally: so justification by faith in Christ, and by our owne good workes, are so opposite, as that they cannot agree together in one man by any manner of mixture, in the case o[illegible: 1 letter] justification before God; but, if it be by grace, the[illegible: 1 letter] is it no more of workes; otherwise grace is no more grace: and if it be of workes, then is it no more grace, otherwise worke is no more worke, Rom. 11. 6. Gal. 3. 10. wooll and flax] that is, woollen and linnen together, which the Greeke translateth, in the same: the Chaldee, wooll and flax joyned (or mixt) together. Vers. 12. Fringes] in Hebrew Gedilim, which elsewhere is translated, wreathes, in 1 King. 7. 17. and the wreathes spoken of in Exod. 28. 24. and the ropes (or cords) in Iudg. 16. 11, 12. are by the Chaldee translated, Gedilan: and the Greeke here expoundeth it Strepta, that is, wreathes, or cords: for they were twisted threeds or thrumbs, which hung upon their garments. Moses called them before Tsitsith, Num. 15. 38. of the lookes of haire like which they did hang. These are the same, though called here by another name; and the Chaldee translateth both Tsitsith and Geddim, by the word Cruspedin, which is borrowed of the Greeke Craspeda, which name the holy Ghost giveth to these Fringes, in Matt. 23. 5. where Christ blameth the Pharisees hypocrisie for making their phylacteries broad, and (craspeda) the fringes of their garments large. The making of these by the Iewes, is shewed on Num. 15. 38. &c. Here Moses having repeated the mysteries concerning the Church, in vers. 9. of the ministerie, in vers. 10. and of the doctrine, in vers. 11. addeth to them this law of the fringes, which were signes annexed to the word, and visible tokens, for them to looke upon, and remember all the commandements of the Lord, and doe them, and be holy unto their God, Num. 15. 39, 40. See more in the Annotations on that place. Vers. 13. take a wife] that is, marrie her: for the taking is after the betrothing or espousalls, Matt. 1. 18. 20. And before mariage, the betrothed persons might not come together, as the equitie of this Law following sheweth. So by the Hebrewes: The spouse is to be restrained from her husband, by the doctrine of the Scribes, all the while she is in her fathers house: and he that lieth with his spouse in his father in lawes house, is to bee chastised with stripes. Maimony in treat, of Wives, chap. 10. sect. 1. After in the same place he sheweth the manner of mariage among them, that it was to be with blessings (or thanksgivings) unto God, in an assembly of ten men at the least, and with a dowr[illegible: 1 letter]e bill which the Scrivener wrote and the bridegroome paid for, whereby he endowed his spouse, if shee were a virgin, with two hundred dinars [that is, fiftie shekels,] and if she had beene maried before, with 100. dinars, [that is, 25. shekels] and this was called the root (or principall) of the dowrie: the dowrie might not be lesse, but more so much as he would, though it were to a talent of gold. After the dowrie bill was confirmed by witnesses, the bridegroome went with his spouse into the privie chamber (or closet, such as is mentioned in Ioel 2. 16.) and this was the consummation of the mariage. And who so maried a virgin was to rejoyce with her seven dayes, (as Gen. 29. 27. Iudg. 14. 10. 12.) and with a widow three dayes, not doing any worke those dayes, but eating, drinking, and reioycing. goe in] into the chamber, Iudg. 15. 1. and by consequence, lie with her. The Greeke translateth, dwell (or house) together with her: which word the Apostle useth, 1 Pet. 3. 7. hate her] which ought not to be towards any, least of all towards his wife, whom hee ought to love as his owne bodie; for no man ever yet hated his owne flesh, Ephes. 5. 28, 29. Vers. 14. lay against her] or, put upon her. occasions of speech] or, of words, that is, of evill words: or, pretenses of words, that is, pretended words, or pretended matters. So the Greeke translateth, pretended words; they are such as have a colour and shew of truth, to excuse and hide his hatred; as long prayers were a pretense for the covetousnesse of the Pharisees, Matt. 23. 14. But pretense and truth are opposed in Phil. 1. 18 So here, and vers. 20. bring forth] whether before the parents and friends, or unto the Magistrates, accusing her before them. Some thinke this latter to be meant, and as the Hebrewes describe it, when he commeth unto the Court and saith, I maried this damosell, and I found her not to have virginitie, and when I inquired into the matter, it was made known to me that shee had played the whore under me, after I was betrothed to her, and these are my witnesses that for played the whore before them. And the Iudges shal heare the words of the witnesses, and examine their testimony: if the thing be found true, she is to be stoned. Maim. tom. 2. in Nagnarah bethulah, ch. 3. sect. 6. But by the order of the text, the former seemeth as probable. to have virginitie] Hebr. I found not to her virginities. The Greeke thus; and comming unto her, I found not her virginitie. Vers. 15. the father] to whom the injurie extended, if she were falsly defamed, or if shee had played the whore, vers. 21. and to whom the defense of the daughter did most fitly appertaine. of the damosell] The word Nagnarah (damosell) is properly a maid mariageable, which of the Hebrewes is reckoned after twelve yeares of age: before that age, she is called a little one or childe; and after also, if she have not signes that she is mariageable; [such as are mentioned in Ezek. 16. 7.] After those signes she is called Nagnarah (adamosell,) till six moneths compleat, and no longer: from that day and forward, she is called Bogereth. Maimony treat. of Wives, chap. 2. sect. 1. 3. Both these, Nagnarah (the damosell) and Bogereth, are subject to the punishment here appointed, if they be not found virgins. Maimony in Nagn. beth[illegible: 2 letters]ah, chap. 3. sect. 7. the virginitie] that is, the signes of her virginitie, in the cloth, vers. 17. and witnesses also, (as the Hebrewes say,) that they are so. the Elders] in Greeke, the senate: that is, the Magistrates. This was the Senate of 23. Iudges, for they were to put her to death if she were guilde, v. 21. They judge not this judgement but in the Court of three and twentie; because there is in the judgement of him that bringeth forth an evill name, the judgment of life & death; for if the thing be found as he saith, then she is killed. But he that forc[illegible: 1 letter]th a maid, Deut. 22. 28. and he that intiseth her, Exod. 22. 16. they judge of them at all times, in the Court of three. Maimony in Nagnarah bethulah, chap. 3. sect. 3. the gate] the Chaldee addeth, the gate of the judgement hall of the place. Vers. 17. occasions] or, pretenses; in Greeke, pretended words (or matters) as vers. 14 [illegible: 1 word] this is] that is, these are the proofes, or the signes, as vers. 15. Hebr. these are the virginities. the cloth] wherein the signes were to be seene. Vers. 18. the man] the husband of the damosell that is found to have accused his wife falsly. chastise him] in the Chaldee, beat him; which was the next punishment unto death. The Hebrewes say: If the father bring witnesses, which doe disprove the witnesses which the husband brought, and it be found that they have witnessed a falshood, then they are stoned [to death, according to the law, in Deut. 19. 18, 19.] and he [the husband] is beaten, & amersed in an hundred shekels. And of this it is said (in v. 17.) THESE are MY DAVGHTERS VIRGINITIES; these are the witnesses that disprove her husbands witnesses. If her husband againe bring other witnesses which doe disprove her fathers witnesses, then the damosell and her fathers witnesses are stoned, vers. 20. 21. Maim. in Nagn▪ bethulah, chap. 3. sect, 6. Vers. 19. amerse] or mulct; fine him. hundred shekels] the word shekels is added both in the Greeke and Chaldee versions, and usually is to be understood when the Hebrew nameth silver only: see the notes on Gen. 20. 16. where also it is shewed what a shekel was. An hundred shekels was the double dowrie of virgins: see after in vers. 29. unto the father] and if she were fatherlesse, then he gave them unto her selfe, saith Maimony in Nagnarah bethulah, chap. 3. sect. 1. a virgin of Israel] in Greeke, a virgin an Israelitesse. Hereupon the Hebrewes say, that if she were an heathen that was become a Proselytesse, or a bondwoman that had her freedome, &c. hee that brought forth an evill name upon her, was free both from the mulct, and from beating. They have also other like exceptions, which seeme not approveable; as, that if she were a girle under yeares, or an ancient maid, that had past the floure of her age; though such maids for playing the whoreafter they were betrothed, were to die; yet the man that brought an evill name upon them, was free from the mulct, and from beating. Maimony in Nagnarah, chap. 3. sect. 2. 8. he may not] or, he cannot send her away, to wit, by a bill of divorce, as other men were permitted to put away their wives, Deut. 24. 1. It is commanded by the Law, that the woman upon whom hee hath brought an evill name, should abide under him for ever, Deut. 22. 19. and if he put her away, he transgresseth against a prohibition, HE MAY NOT PVT HER AWAY, and hee is to bee compelled to take her againe. And if another doe first betroth himselfe to her, or if she die, or if he be a priest, who may not take a divorced woman, (Lev. 21. 7.) then he is to bee beaten for putting her away. Maimony in Nagnarah, chap. 3. sect. 4. As it was a greater sinne for a man to defame his wife, than another person; so the punishment is greater: for they that defamed their neighbours were but beaten; but hee that defamed his wife was beaten and amearsed, and never suffered to put her away, which was permitted to other men: Deut. 24. 1. 2. Vers. 20. be truth] so proved by certaine evidence, or by witnesses, as before is shewed; and agreeable to the Law, in Deut. 17. 4, 5, 6. For the Hebrewes acknowledge, that those tokens might sometime be wanting in virgins, and yet they not defiled; and therefore the Iudges were to examine, whether her progenitors wanted their fluors, or she herselfe had not had some great sicknesse, or other like accident, whereby those signes might faile. Maimony treat. of Wives chap. 11. sect. 12. Vers. 21. her fathers house] that where the sinne was done, there it might be punished. follie] in Chaldee, ignominie; which was not onely evill in her, but a reproach to her father, and scandall to the whole Church: See the notes on Gen. 34. 7. where this phrase is first used. whoredome in her fathers house] and (as the Hebrewes thinke,) under her betrothed husband: for otherwise if her fault had beene done before she was betrothed, and it were knowne, she was not to die, Exod. 22. 16, 17. This which is said (in Deut. 22. 20.) IF THIS WORD BETRVTH, she shall be killed, (is) when she hath committed whoredome after the betrothing before witnesses: but before the betrothing, the Law hath already said of her, that she is free from any thing; and hee that lay with her is bound to make recompense with goods onely, whether he had entised her, or forced her. Maim. in Nagn. bethulah, c. 3. sect. 12. If this punishment were for her whoredome before she was betrothed; it sheweth Gods severitie against such as deceive their husbands in such sort, and dishonoured their fathers house. So a priests daughter playing the whore, is said to prophane her father, Levit. 21. 8. Vers. 22. they shall die] in Greeke, yee shall kill them both. The manner of their death was either by stoning, as may be gathered by Ioh. 8. 4, 5. or, as the Hebrewes say, by strangling: see the Annotations on Levit. 20. 10. Vers. 23. betrothed] or espoused, which was, by mutuall promise, in the presence of witnesses, before mariage, Matt. 1. 18. It might bee done in Israel (as the Hebrewes write) three wayes; by a peece of money, or by a writing, or by copulation. By a peece of money, though it were but a farthing, or the worth thereof; and the man said, be thou betrothed unto me, or mine espoused wife by this; and he gave it her before witnesses. By Bill, and then he wrote, bee thou betrothed unto me, or the like, and he gave it her before witnesses; and it must be written with her name in it, and with her knowledge and consent, else it was no betrothing. By copulation; and then hee said, loe thou shalt be betrothed unto me by this copulation, and so he was united unto her before two witnesses; and after copulation she was his betrothed wife. If he lay with her by way of fornication, and not by the name of betrothing; or if it were by themselves without witnesses, it was no betrothing. And hee might not lie with her the second time, before they were maried. And though the betrothing might bee any of these three waies, yet usually it was by a peece of money; and if they would, they might doe it by writing: but betrothing by copulation, was forbidden by the wise men of Israel, and who so did it, was chastised with rods; howbeit, the betrothing stood in force. And it was required, that they should blesse God, before the contract was made; as is shewed at large, by Maimony treat. of Wives chap. 3. and 10. and Ios. Karo in Shulehan aruch, treat. or Espousals, chap. 1. in the citie] or towne, or any place of resort of people, where shee might cry out and bee reskued. The citie is named for an instance, because therein are store of people. Vers. 24. she cried not] as is presumed, because she was in the citie: and so consenting to the sinne, she is gniltie of death. The Hebrewes say, Whosoever is lien with in the citie, it is certainly presumed that she was intised, because she cried not out: unlesse witnesses doe testifie that she was forced; as that (the man) drew a sword at her, and said, If thou crie I will kill thee. Maimony in Nagnarah bethulah, chap. 1. sect 2. humbled] that is, defiled, as Gen. 34. 2. neighbours wife] so shee is called after her betrothing, as here, so in Gen. 29. 21. Matt. 1. 20. Vers. 25. in the field] or any solitary place, where if she crie she cannot be heard: opposed to the citie, in vers. 23. take strong hold on her] or, as the Greeke translateth, force her. Vers. 26. thou shalt not] in Greeke, yee shall not, speaking to Israel. any thing] Hebr. a word. sinne of death] that is, sinne worthy of death, killeth him in soule] that is, so as that hee taketh away his soule, or life. In Greeke, killeth his soule, this matter] Heb. this word. Vers. 27. cried out] as is presumed in charitie, unlesse the contrary be proved: as vers. 24. Whosoever is lien with in the field, it is certainly presumed that she was forced; and they judge her with the judgement of a woman forced, unlesse witnesses doe testifie that she lay with him willingly. Maimony in Nagnarah bethulah, chap. 1. sect. 2. none to save] or no saviour, that is, as the Greeke and Chaldee explaineth, no helper or deliverer. Vers. 28. lay hold on her] the Greeke translateth, force her. Herein this differeth from the law in Exod. 22. 16, 17. which was for such as consented being intised. Vers. 29. to the damosels father] or, to herselfe, if she have no father. Maimony in Nagn. bethulah, chap. 1. sect. 9. shekels] this word is added in the Chaldee and Greeke, as before in vers. 19. And 50. shekels, as the Hebrewes write, was the least dowrie that virgins might have, and is called in Exod. 22. 17. the dowrie of virgins; and was the weight of fiftie shekels of fine silver. Maimony in Nagnarah, chap. 1. sect. 1. and every shekell weighed 320. graines of barley, as is noted on Gen. 20. 16. and these fifty shekels were the mulct for lying with her onely; and he that forced the maid was bound also (as the Hebrewes shew) to pay for her shame, and for her paine, and for her blot: and he that inticed a maid (as in Exod. 22. 16.) paid but three things, the forfeit of 50. shekels, and for her shame, and for her blot. The forfeit, that is alike for all; whether a man lie with the high Priests daughter, or with a strangers daughter, or bastards, the forfeit (or mulct) is fiftie shekels; but the shame, and the blot, and the paine, are not alike for all, but determined by the Iudges, according to the age and dignity of the damosell. The inticer payeth not the [illegible: 1 letter]ulct, unlesse hee doe not marrie her, (Exod. 22. 17.) he payeth onely for the shame and blot [illegible: 1 word] but he that forceth her payeth all foure out of hand. Maimony in Nagn. bethulah, ch. 2. sect. 1, &c. See also the Annotations on Exod. 21. 19. humbled] or afflicted, that is, defiled her. And hence the Hebrewes gather, that the man was to pay also for her paine, or smart, as is before noted. not send her away] not give her a bill of divorce, as other men might, Deut. 24. 1. See before on vers. 19. Here the Hebrewes say; If the high Priest force a maid, or intice her, he may not marry her, because he is commanded to take a virgin, (Lev. 21. 13.) and at that time when he taketh this woman, she is not a virgin: and if he doe take her, she is to goe out againe by bill (of divorce.) If (another man) transgresse, and send her away, they compell him to take her againe, and he is not beaten: but if the diuorced woman dye, or be betrothed to another, before he take her againe; or if it were a Priest, that might not take a divorced woman, (Lev. 21. 7.) such a one is to be beaten, because he transgresseth against a prohibition [HE MAY NOT SEND HER AWAY] and he cannot fulfill the commandement concerning her, SHE SHALL BE HIS TO WIFE. Maim. in Nagn. ch. 1. sect. 6, 7. Vers. 30. not take] to wife, much lesse abuse by whoredome or incest, his fathers wife: and by this one, all other incestuous marriages and copulations are forbidden; against which the Law is given at large in Lev. 18. See the Annotations there. his fathers skirt] in Greeke, his fathers covering: So in Deut. 27. 20. where a curse is upon him that doth this. It meaneth the skirt or covering which his father onely might uncover, and not he. In Levit. 18. 7. it is called his fathers nakednesse, in like sense.